Protect Yourself from a Domestic Violence Conviction
Attorney Patscheck is a former prosecutor who uses her background and knowledge to benefit every client. When your case involves a heated incident with a family member, Shellie A. Patscheck will fight to get you the best possible resolution for your case.
At Patscheck Law, we know how the state approaches Farmington domestic violence cases, so we understand what it takes to defend you successfully.
Start with an Aggressive Domestic Violence Defense
At Patscheck Law, we pursue the best possible result in every domestic violence case. We secure dismissals, reduced charges, and other favorable outcomes by:
- Helping you understand the charges against you
- Helping you understand the terms of any orders of protection
- Obtaining factual, objective evidence that supports your case
- Refuting the prosecutor’s case
- Challenging witnesses
- Supporting you through this difficult time
- Presenting your legal defense in court
Domestic Violence in Farmington, NM
Some of the more common allegations of domestic abuse include:
- Criminal trespassing
- Driving by the victim’s home or work repeatedly
- Harassment via phone or social media
- Any other form of harassment
- Criminal damage to property
- Assault or bodily injury
- Other physical harm
- Emotional distress
- Threats of harm to children
- Physical harm to children
- Sexual abuse
It is important that you have a clear insight into who may be considered a household member under the law. These parties can include:
- A spouse or ex-spouse
- Parents and stepparents
- Former stepparents
- Co-parents of a child
- Anyone you have had or are in a relationship with
Domestic Violence: Orders of Protection
It is common for orders of protection to be issued in domestic violence cases. If an order of protection is issued, you could find yourself in a devastating situation. Some different rules you may need to follow as part of an order of protection include:
- Awarding temporary child custody to the alleged victim
- Requiring you to pay child custody and financial support to the alleged victim
- Prohibiting you from contacting the alleged victim
- Prohibiting you from connecting with the alleged victim
- Granting the alleged victim sole possession of your shared home
- Requiring you to provide housing for the alleged victim and your minor children
- Prohibiting you from disposing of the alleged victim’s property in any way
- Requiring you to complete drug or alcohol treatment
- Requiring you to participate in domestic abuse counseling
- Prohibiting you from possessing firearms
These are only a few of the terms that may be laid out in your order of protection. Your domestic violence attorney will examine the details and determine how to create your defense strategy. There may be issues with the witness statement, a police mistake, or another issue that helps your case.
Ex Parte & Temporary Orders Of Protection
Ex parte means the alleged abuser was not present when the victim showed evidence to a judge of an immediate risk. This risk could be to the victim or a minor child.
Ex parte emergency protection orders can:
- Require you not to contact the alleged victim
- Require you not to communicate with the alleged victim
- Prohibit you from committing further acts of domestic abuse
- Grant temporary custody of your child to the alleged victim
Once an ex parte emergency order has been issued, police will need to give you a copy of the order. Upon request, a temporary order of protection could be granted by the judge. You will have the opportunity to be heard by the Judge or Domestic Violence Commissioner. Here, both parties will have the chance to present evidence. Your attorney will be tasked with convincing the judge that further protection is an unneeded measure.
Domestic Abuse in New Mexico
Certain types of domestic violence are considered domestic abuse offenses with severe criminal penalties if convicted. The following are some different domestic violence crimes you could be charged with in New Mexico.
Assault Against a Household Member
Assault against a household member is a petty misdemeanor. Here, you allegedly attempted to commit battery or threatened to harm a household member. Physical contact with the alleged victim is not a requirement for police to make an arrest. If convicted, you could spend up to six months in jail. You could be fined as much as $500 as well.
Battery Against a Household Member
Battery against a household member is the bodily harm to another household member. This is a misdemeanor. You could spend as much as 364 days in jail if convicted. You could be ordered to pay fines as high as $1,000 as well. If convicted, you will also be required to complete 52 weeks of domestic violence counseling.
Aggravated Battery Against a Household Member
Aggravated battery against a household member is a serious charge. In an aggravated battery case, you are accused of causing bodily harm to a household member. The penalties can vary, depending on how badly the alleged victim was injured.
If the injuries cause temporary impairment, you could be charged with a misdemeanor. If the victim sustained life-threatening injuries or a deadly weapon was used, you could be charged with a third-degree felony. This is punishable by up to three years in prison and a fine of up to $5,000.
Aggravated Assault Against a Household Member
Aggravated assault against a household member is a fourth-degree felony. If convicted, you could spend up to eighteen months in jail and pay fines as high as $5,000. Here, you have been accused of threatening a household member with a deadly weapon or with the intent to commit a felony.
Other Domestic Violence Consequences
The negative impact of a domestic violence conviction on your life doesn’t stop with a few months in custody and fines. Some other ways you can expect to suffer include:
- A damaged reputation
- Unqualified for federal student aid
- Loss of gun rights
- Damaged relationships
- Suspended voting rights
- Difficulty finding work
- A permanent criminal record