Simon Kubiak is an attorney who specializes in the areas of DWI defense, domestic violence, drug crimes, and criminal law at the law office of Kubiak & Kubiak in Albuquerque, New Mexico. In these articles, he explains how he advises clients to defend themselves in many types of domestic violence and drunk driving cases.
How an Attorney Can Help In Your Domestic Violence Case
Ideally, an attorney should be able to help his clients through the entire process of a domestic violence case. Depending on the side being represented in the case, the attorney will prepare all the necessary paperwork to either file for a restraining order or to defend the client from allegations.
Protecting Children From an Abusive Spouse
The best way to protect children from an abusive spouse is to get them out of the home as quickly as possible and file for an order of protection. However, it is important not to use this order of protection as a way of getting back at a spouse during a divorce hearing, since that plan could actually backfire if the judge finds out that you are lying about the abuse to bolster your case.
Steps to Getting a Restraining Order from an Abusive Spouse
After removing yourself from the situation, the next step in getting a restraining order put in place against an abusive spouse or partner is to apply for a temporary restraining order at the local courthouse. An experienced attorney should be able to walk you through these steps quite easily.
Understanding the Types of Restraining Orders
Victims of domestic violence have a number of ways to protect themselves from abuse. Temporary restraining orders can be filed in both civil and criminal court, and these orders can potentially be extended by a judge at a later date.
Can I Make a Plea Bargain in a DWI Case?
Prosecutors regularly offer plea deals in many types of criminal cases, but it is up to the defendant whether he or she chooses to accept the deal. Whether it is worthwhile to take the deal in a DWI case will depend on the merits of the prosecution’s case, as well as the risk tolerance of the defendant in question.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
