When someone is dealing with an abusive partner, the first step should be to get out of the situation. A number of domestic violence shelters will provide women with temporary housing and other services to help them get back on their feet in these types of cases. The next step, though, should be to seek out a temporary restraining order from the violent partner, according to Simon Kubiak at Kubiak & Kubiak. A domestic violence attorney in Albuquerque, New Mexico, Kubiak has extensive experience handling these types of cases and helping clients through the emotional process.
To get a temporary restraining order from an abusive household member or spouse, you must go with your attorney or loved ones to the courthouse in your county. The specifics involving which documents need to be filed will vary depending on the city, county, or state where you reside, but Kubiak says that anyone seeking a temporary restraining order against a domestic partner will have to file something called a petition for an order of protection against domestic violence.
For that petition, Kubiak recommends being prepared to include your full name, home address, social security number, date of birth, and phone number, at a minimum. Some people are hesitant to include this information out of fear that it will somehow come back to haunt them or provide additional ammunition for the abusive partner, but Kubiak says that the legal documentation cannot be filed without it.
You will also have to provide a current address or place to get a hold of the spouse or domestic partner who you are filing the restraining order against—identified as the respondent in these types of cases—since he must be legally served in order for the order to take effect.
In addition to that basic information, Kubiak says that you must be prepared to give a brief description of why you are seeking an order of protection. For some people, recounting the traumatic events that created the need for a restraining order can be emotional. However, Kubiak says that in Albuquerque, a domestic violence attorney should be able to help his clients with the paperwork and ensure that giving the statement is as painless as possible.
People with children can seek an order of protection for their kids too. As long as you are the parent or legal guardian, you can be a petitioner on behalf of any minor children when filing for a temporary restraining order.
The process of filling out all the documentation for a temporary restraining order will take about two hours, after which Kubiak says a judge will almost always issue a temporary order of domestic violence or an order of protection against domestic violence, depending on the jurisdiction. When a judge does this, he gives the respondent 10 days to file a response and come into the court to defend himself or herself.
Overall, Kubiak says that the process of getting a temporary restraining order in a domestic violence case should be easy for anyone with an attorney in Albuquerque. “It’s a very simple process,” he says. “You just march down, give them your name, give them the subject of your petition, which is the respondent, and you are ready to go.”
Although it is most common for one spouse to get a temporary restraining order from another in a domestic violence case, Kubiak explains that you can actually get a temporary restraining order against anyone who meets the legal definition of a household member, even if he isn’t legally your husband or wife. A household member can be a parent, spouse, brother, or sister. “It just has to be somebody who is living with you, who you are in a relationship with,” Kubiak says. In order to file the petition though, he says that you must be able to establish that the respondent—that is, the person who you are seeking to get the restraining order against—is someone who shares your residence.
If someone is not, by definition, a household member, then it is still possible to get an order of protection against him. Kubiak says that in those instances, the only difference will be the title. “You can get one against anyone who is threatening you in some fashion,” Kubiak says.
Temporary restraining orders are limited in nature. Approximately 10 days after an order has been issued, a judge will decide whether it needs to be extended or not. So although temporary restraining orders can serve an important purpose, they are far from a permanent fix.
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.
