As COVID-19 continues to spread in our communities and bring commercial and professional life to a standstill, 许多新墨西哥人面临着许多新的或更糟的离婚, 监护权, 以及抚养孩子的问题. One of the most disturbing of these side effects of our new reality is the marked increase in domestic violence that closures and quarantines are causing in our communities.
While staying at home and self-isolating with your family is a great way to stop the spread of the COVID-19 Virus, home can sometimes be the most dangerous place for a person to be if that person suffers from domestic violence and child abuse. It's also a great way to create a tense dynamic that can lead to allegations of abuse or domestic violence. 事实上, the New Mexico Domestic Violence Resource Center (DVRC) expects a steep rise in domestic violence during this difficult time. This article will address Domestic Violence and divorce in New Mexico, and what your options are as a victim (especially during the COVID-19 Crisis).
Domestic violence can be an incredibly traumatic experience for those involved in the best of times. Under our current restrictions and isolation requirements, it can be even worse. 总会有障碍, 包括财务和获得法律援助, that can prevent victims of domestic violence from getting the help they need. 在COVID-19危机期间，这些问题更加严重. 许多人因为企业倒闭而失业, 这些压力也会导致家庭中更多的挫折. Isolation can also create perfect conditions for manipulation and control and can further exacerbate abusive behavior. 这就是为什么你要了解自己的选择.
如果你正在经历家庭暴力, 你应该马上打电话报警——你袭击了他, 即使是家庭成员也是犯罪. 得到医疗救助, 请医护人员给你的伤口拍照, 并在必要的法律行动中保留详细的记录. 立即或尽快离开现场. 这将帮助你摆脱当前的处境. 在那之后, you can then file a motion for a Temporary Order of Protection or other civil protection orders that can help protect you and your family. 然而，在大多数情况下，这些都是短期解决方案. 从长远来看解决这个问题, a divorce with solid 监护权 agreements will likely be your only solution. 除了身体上的疼痛, 情感上的毁灭性的, 和非法, domestic violence greatly impacts the terms of a divorce or child 监护权 arrangement. 如果你想和虐待你的配偶离婚, it is important that you understand your rights as a victim of domestic violence.
The Crimes Against Household Members Act makes domestic violence a crime in New Mexico. 尽管法律的名义, it’s not necessary that family members live together for domestic violence to occur. 而不是, the law provides that assault or battery against any of the following people is considered to be domestic violence:
- Parent, stepparent, or parent-in-law (including former stepparents and in-laws)
- Your child’s other parent if you are dating or have an intimate relationship
More specifically, it's a crime to do any of the following to any of the people described above:
- Any attempt to commit unlawful, intentional touching or force in a rude, insolent, or angry way
- 任何违法行为, 威胁, or menacing conduct that causes one of the people described above to reasonably believe he or she is in imminent danger
- Strike or assault a household member with a deadly weapon or with intent to commit a felony
家庭暴力除了是一种犯罪外，还很可怕. 你可能会担心自己或孩子的安全, but there are legal actions that you can take to protect yourself and your kids.
如果你是家庭暴力的受害者, 你可以申请保护令, 也叫限制令, 来自新墨西哥州法院. 保护令的条款各不相同. 在某些情况下，保护令可:
- Require the individual who hurt you to stay a certain distance away from you and your property
- Award temporary sole 监护权 of your children to you or another guardian
一旦你有了保护令, you may contact the police to have the offender arrested if the specific terms of a protective order are violated.
A domestic violence arrest or conviction can also impact the dissolution of your marriage and any child 监护权 and visitation arrangements. 例如，家庭暴力可以:
作为离婚的理由. These actions can be evidence of cruel and inhumane treatment or incompatibility.
影响孩子监护权和探视权. 法院可以决定监护权, 无监督探视, and even supervised visitation with a parent who committed domestic violence might not be in the best interests of your children. The 监护权 and visitation order may be written to keep the abusive parent from seeing the kids.
然而, domestic violence shouldn't impact an abusive individual's responsibility to pay child support. The duty to provide financial support for minor children continues even if the court orders sole 监护权 to the other guardian and limited or no visitation with the parent who committed the violent acts.
Divorce and child 监护权 decisions can be challenging even under amicable circumstances. They might be even more problematic when domestic violence is a factor. You should expect that your spouse or your children’s other parent is going to make divorce and child 监护权 difficult.相应的, we encourage you to speak to our New Mexico domestic violence and family law attorneys as soon as possible. The experienced and compassionate team at 属法律团体 will make sure your rights are protected. 我们有现场同事在网上跟你聊天. 拨打505.317.4455 to speak with our experienced 阿尔伯克基 domestic violence lawyers today for a confidential case evaluation or 点击这里.