Domestic Violence Lawyer in Albuquerque 

Some courts offer pre-trial diversion programs for domestic violence cases. These programs allow you to participate in treatment and counseling in exchange for having the charges dismissed upon successful completion. If you are placed on probation for a domestic violence offense, the judge may make a treatment program completion a condition of your probation.

Protective Orders in Domestic Violence Cases

In domestic violence cases, restraining orders, known as Orders of Protection, play a vital role in safeguarding the victim from further abuse. An Order of Protection is a court order issued against a household member who has committed or threatened domestic violence. This order aims to prevent future abuse by restricting the abuser’s contact and actions towards the victim. The specific restrictions outlined in an Order of Protection will vary depending on the severity of the situation. 

Common restrictions and directives in an Order of Protection can include: 

• Prohibition on contact: This is the most common restriction, barring the abuser from contacting the victim directly or indirectly through phone calls, texts, emails, or even showing up at their workplace or residence.
• Moving out: The abuser may be ordered to leave the shared residence to ensure the victim’s safety.
• Firearm restrictions: The abuser may be prohibited from owning or possessing firearms during the order’s validity.
• Child custody and visitation: The order may determine temporary custody and visitation arrangements.
• Financial restraints: In some cases, the abuser may be ordered to pay child support or refrain from accessing shared financial accounts.

Common Defenses to Domestic Violence Charges

Defending against domestic violence charges often requires a strategic approach that considers both the specifics of the incident and the broader context of the relationship between the accused and the alleged victim. 

One common defense is self-defense, where the accused argues that they used reasonable force to protect themselves from imminent harm. This defense hinges on showing that the force was proportional to the threat. Another prevalent defense is the assertion of false accusations, often arising in contentious situations such as divorces or custody disputes, where one party might fabricate allegations to gain an advantage. Demonstrating inconsistencies in the alleged victim's statements or presenting contradictory evidence can support this defense.

Lack of evidence is another key defense strategy. The prosecution must prove beyond a reasonable doubt that domestic violence occurred, and if the evidence is insufficient, the defense can argue for dismissal of the charges. This might involve challenging the credibility of witnesses, the reliability of physical evidence, or the prosecution's interpretation of events. 

In some cases, the defense might argue that the alleged victim consented to the conduct in question, applicable in situations involving mutual combat or consensual physical interactions later misrepresented.

Another defense is accidental injury, where the defense claims that any injuries sustained by the alleged victim were unintentional. This could involve presenting evidence that the injuries occurred during a non-violent incident or as a result of the alleged victim's own actions. 

Additionally, the defense may argue that the accused's mental health condition played a role in the incident, potentially mitigating the severity of the charges or leading to alternative sentencing, such as mandatory treatment instead of incarceration.

Each defense requires a thorough examination of the facts, and its effectiveness depends on the specific circumstances, available evidence, legal standards in the jurisdiction, and the overall strategy of the defense team. If you have concerns about your rights and options, call our firm today to schedule an initial consultation with an experienced member of our firm.