Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Mexico Domestic Violence Questions & Answers
0 Answers | Asked in Family Law, Domestic Violence, Elder Law and Federal Crimes for New Mexico on
Q: I am in a different state and am desperate to help my aunt because of my neglectful cousin but I am unfamiliar with NM

I have family in NM, I live in FL and my cousin is refusing to get a job to help my aunt. My aunt is elderly and very ill and a few years ago they were evicted from their apartment and have been homeless for around 4 years now. My other cousin, my aunts son, does work but seldom holds a job. I also... View More

0 Answers | Asked in Family Law and Domestic Violence for New Mexico on
Q: What are the steps to file a motion for Interim Attorney Fees to be paid for by husband in New Mexico?

I left my husband almost 20 yrs ago for sexual abuse and we were never legally separated but he has now filed for divorce. I need to know what the steps are and what forms are required to file a motion for Interim Attorney Fees (Motion for Temporary Relief) to be paid so I can hire an attorney to... View More

0 Answers | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for New Mexico on
Q: Hoew does one begin the process of emancipation?

I am 16 years old (F), wanting to move out of my mother's care because she lacks emotional maturity/availability. Due to these circumstances in the past, I tried to commit suicide, through therapy and our hardships we have forgiven each other to the extent that we are comfortable with but... View More

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico on
Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New Mexico on
Q: district judge orders you to take a drug test at the request of the other party based on allegations is it illegal?

If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?

Todd B. Kotler
Todd B. Kotler
answered on Jan 30, 2024

NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More

1 Answer | Asked in Domestic Violence for New Mexico on
Q: Can I take my ex-husband to court for the sexual abuse that he put me through in our marriage including human traffickg

I am severely damaged from that abuse!

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

In New Mexico, you can pursue legal action against your ex-husband for any criminal acts, including sexual abuse or human trafficking, that occurred during your marriage. However, it's essential to act within the statute of limitations for such offenses, which can vary based on the specific... View More

1 Answer | Asked in Domestic Violence for New Mexico on
Q: If you haven’t been arrested yet, can you be arrested at a scheduled first appearance? Felony arrest warrant

Albuquerque, New Mexico. Defendant was issued a felony arrest warrant for aggravated stalking. Defendant had a public defender file a motion to cancel the arrest warrant and set his plea. Judge did not take kindly to the motion and responded with an order for a first appearance on 8/9, stating that... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 31, 2023

One with an arrest warrant can be arrested anytime and anywhere that person is identified. Were I the opposing party, I would certainly alert the Court that the Defendant has a warrant. The Defendant should coordinate with his attorney to turn himself in ASAP.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: what does a no hold bond mean?

if you did an outburst in court

Stephen Aarons
Stephen Aarons
answered on Nov 14, 2020

A no bond hold means he sits in jail without any ability to post a bond for his release.

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: Before entering a courtroom a family member on the plaintiffs side made a finger gun gesture is that intimidation?
Gary Kollin
Gary Kollin
answered on Jul 19, 2018

You should report this to your attorney

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member
Marshall Jason Ray
Marshall Jason Ray
answered on Nov 30, 2017

Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge).... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New Mexico on
Q: My gf was arrested for battery and domestic i didnt press charges how long will she be in county
Stephen Aarons
Stephen Aarons
answered on Sep 27, 2017

Despite what you see on TV, domestic violence victims do not "press charges" and you cannot "drop charges" either. The State of New Mexico filed the charges and the prosecutor is the one who proceeds further to trial, negotiates a plea agreement with the defendant, or dismisses... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.