About Domestic Violence and Your Rights, Part 1
by: New Mexico Legal Aid
Domestic Violence
Domestic Violence can happen in different ways.
Dad can hit mom very hard and hurt her.
Mom can hit dad very hard and hurt him.
One member of a couple can follow the other all the time and act as if he/she is going to hurt the other. This is called stalking.
One can call the other names to scare her or make her do things she does not want to do.
Domestic violence happens when anybody in the family tries in physical or other bad ways to make another member do what he or she wants.
The person who is the victim should call the police for help. This is because domestic violence is a crime.
We have very strong laws to help people stop domestic violence.
The police stop the domestic violence. Everyone is safe.
The person who is the victim can go to a judge for a temporary restraining order.
The victim does not have to go to the police first.
A temporary restraining order is a legal paper signed by a judge.
It tells the person doing the domestic violence he cannot keep on causing the domestic violence.
About 10 days after the temporary restraining order is issued the court holds a hearing
At the hearing both sides tell their stories of what happened. This is called giving evidence.
You need proof of what happened. Witnesses are good. Pictures of what was done to you are good. The judge has to believe that domestic violence did happen.
The judge listens to both sides. If the evidence shows that violence happened, he will issue a permanent order. This will be good for at least one year.
This order does not allow the violent person to come near the house where the victim is living.
It does not allow the violent person to come near her place of business or employment, or any place she may be.
The order can give temporary possession of a house. It can give temporary custody of children. Custody is only good for 6 months. It can give child support. It can take care of continuing debts.
The victim can claim a crime was committed. She was attacked by the other party. She can press charges against the violent person. How badly he/she was hurt will set how serious the crime was. The violent person could go to jail.
A victim who is afraid to go home can go to a safe house.
Hotlines are available. A Hotline can give a victim legal and practical advice about what to do in a situation
It is against the law for one person to continually follow or call another. Doing this is called, Harassment.
|
