Our New Mexico Attorneys frequently receive questions from those who are contemplating divorce but hesitant to take action because of fears about domestic violence. While those that have never had much experience with domestic violence may not understand the factors that keep a spouse from leaving when they experience spousal rape, spousal battery and other forms of domestic violence, our New Mexico attorneys understand how a history of family violence may complicate your decision to file for marital dissolution.
Fortunately, the marital dissolution process offers many protections that may ease your concerns about obtaining financial support, the safety of your kids and even control of your home. If you are the victim of domestic violence, the most important step is to contact the police. While the criminal case will often result in a criminal restraining order being imposed, you also can file for a civil restraining order that will typically direct your spouse to stay a certain distance away from you, other protected parties and sometimes other locations like your place of employment. It is generally a good idea to provide a copy of your restraining order to all local law enforcement agencies and keep one with you in case you need to summon the police because your spouse is violating the injunction.
While the steps mentioned above are designed to protect your safety, there are many other reasons that victims of domestic violence may be concerned about alerting the police or filing for divorce. These other issues may include custody of your children, financial support and loss of assets or your home. Although the criminal process only provides protective orders, a divorce action can address all of these other issues so that many spouses no longer have a reason to remain in an abusive relationship.
When it comes to child custody and visitation, domestic violence can play a significant role when a judge makes custody and parenting plan orders. If your spouse is determined to commit domestic violence, it may result in your being awarded sole physical custody of your children though this is not necessarily the case. The court may even impose supervised visitation on your spouse depending on the precise nature of the family violence if the court believes that your spouse may pose a danger to your children. While it is always advisable to have legal representation in a divorce when you have minor children, it is especially important to have an experienced New Mexico Divorce Attorney represent you if the divorce involves domestic violence issues.
Concerns about financial support can also be addressed in a divorce proceeding. Our Attorneys routinely file for temporary relief (also called “pendent lite” orders), which may result in court orders covering not only custody and visitation but also child support, alimony (spousal maintenance), attorney fee advances and even temporary control of certain assets. Depending on the particular situation, we may be able to request that the court order you to have exclusive temporary control of the family residence while your spouse is ordered to pay the mortgage as well as child and/or spousal support. Admittedly, this is not true in all divorces where there is a history of domestic violence, but it is certainly a possibility in some cases.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
The New Mexico Family Law Firm of Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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