You Received a Notice of Hearing. 

If you’ve received a notice of hearing, don’t panic. If you’re issued a protection order, a hearing established by a judge will be set ten days within the notice to schedule a hearing. If you have received a permanent protection order, you can still defend yourself in court. Both sides of the domestic dispute can put together a case and be heard in court, with both sides giving testimonies to their dispute. One crucial bit of information you should look for when first reading throughout the notice is the dates and times of essential court activities; you must be in attendance at some legal meetings. The summary hour is one of the most critical parts of the restraining process. The summary allows both parties to go into court and resolve issues before meeting with a judge and can lead to some or all the issues of the case being solved then and there. This drastically cuts down the duration of the restraining process and makes it easy for both parties to resolve their matter. However, if little to none of the issues brought to attention are solved during the summary hour, a judge will take note, and further court sessions will be needed to resolve the restraining order. Don’t miss the summary hour because it could resolve most or all restraining charges.

Evidentiary Hearing 

If you don’t resolve your issues in a summary hour, then you and your lawyer need to put together a case; evidentiary hearings are periods for you to gather information, case witnesses, exhibits, and much more evidence for your domestic dispute. 

What if I Have Children?

A temporary order of protection (TPO) or a permanent order of protection is brought against you from the opposing party; then, it’s likely that the party who filed against you will receive temporary child custody during the restraining period until resolved. Therefore, it’s essential to get a lawyer as soon as possible for this region. Finding an attorney would be the best course of action because they can assist you in some child-related custody. Some significant factors in child custody would be legal and physical custody, visitation, and possible support.

A New Mexico Attorney Can Help

If you’ve been served with a restraining order and need assistance with your case, call us at 505-317-4455, fill out our contact form below or chat with an online representative now to get in touch with our premier family law and custody lawyers. We want to hear your story and help you make the next big move for your success.

 
Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond