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New Mexico Domestic Violence Questions & Answers
1 Answer | Asked in Civil Rights, Domestic Violence, Landlord - Tenant and Personal Injury for New Mexico on
Q: Assaulted by worker; unsafe & want to file lawsuit on budget in NM.

I am a senior citizen and was recently assaulted by a maintenance worker at my apartment complex. He pleaded guilty in court, received probation, and was ordered to stay away from me, only working on one side of the complex. Despite this, he continues to work here because his girlfriend is the... View More

Maxwell Pines
Maxwell Pines
answered on Feb 15, 2025

I am sorry that you are going through this. It is very disappointing that this apartment complex that you pay money for is unwilling to keep you and your neighbors safe.

This man would be liable for an intentional tort by assaulting you. It appears it was already proven because he admitted...
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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, Criminal Law and Civil Rights for New Mexico on
Q: If a witness in a domestic violence case has schizophrenia and not competent reliable witness. Can it be dismissed?

The witness in the past hen she committed a crime was found not competent and charges were dismissed

James L. Arrasmith
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answered on Jan 21, 2025

Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.... View More

1 Answer | 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

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're going through this challenging situation. Even from Florida, there are steps you can take to support your aunt in New Mexico.

First, reach out to local Adult Protective Services again and provide detailed information about your aunt’s condition and living...
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1 Answer | Asked in Civil Rights, Domestic Violence, Land Use & Zoning and Sexual Harassment for New Mexico on
Q: What can I do if I'm being a victim of gang stalking

And they have control of my cell phone

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult time. It's important to reach out to local law enforcement and inform them about your situation so they can provide assistance and ensure your safety.

Consider speaking with a mental health professional who can offer support and...
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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
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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 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
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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

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