Domestic Violence Arrest – Your Defense Needs to Start Now

Under the United States Constitution and New Mexico Constitution, you are innocent until proven guilty. However, if you face domestic violence allegations, you are treated like you are guilty until proven innocent.

In domestic violence cases, measures are taken to protect the alleged victim even before formal domestic violence charges are made. That means immediately upon arrest for domestic violence, your life and your family situation change.

To make sure that your rights are protected under these trying circumstances, you should immediately seek the expert counsel of Simon A. Kubiak, Attorneys at Law, PC.

When You May Be Arrested for Domestic Violence

Domestic violence is defined by law as assault or battery against a household member. However, a household member does not have to be someone you live with. And, in the case of an adult roommate, someone you live with is not a household member.

A household member is someone with whom you have or have had a familial or intimate relationship, including:argument

  • Spouse or former spouse
  • Dating partner or significant other
  • Co-parent of a child of a spouse, significant other or dating partner
  • Parent or grandparent
  • Current or former stepparent, parent-in-law or grandparent-in-law

Domestic violence does not require physical contact but may involve threat of force.

What to Expect after a Domestic Violence Arrest

As with any arrest, after being taken into custody for domestic violence, you will go through the booking and holding process. However, you will not be released until the alleged victim has had two-hours notification.

Upon release from a domestic violence arrest, conditions of release go into effect, which include:

  • You may not return to the scene, which is often your home
  • You may not contact the alleged victim

In order to retrieve personal items, you will need a police escort to accompany you to your home and supervise the process.

In New Mexico, a domestic violence arrest necessitates a domestic violence charge. So, there is no possibility of being excused at an arraignment hearing. However, the conditions of release do not have to remain in effect throughout the entire justice process. If you and the alleged victim agree, you may amend the conditions so that you can resume “peaceful contact” with your partner and/or children.

Why You Need Defense Immediately after Domestic Violence Arrest

An arrest for domestic violence may mean you cannot return to your home for several days, weeks or months. In the meantime, you may lose temporary custody of your children. You may not be able to move divorce proceedings forward because you cannot speak to your spouse. These are not conditions that you want to persist.

If you have been arrested for domestic violence, get an experienced attorney on your side right away.

Simon A. Kubiak, Attorneys at Law, PC can guide you through the criminal and civil (if applicable) process of domestic violence. We know all options available for addressing conditions of release, protective orders and diversion programs that may eliminate the possibility of domestic violence conviction. We make ourselves available to you 24/7 via voice and text.

Contact us today to schedule a free initial consultation at our Albuquerque office.

Simon says, “Call Kubiak.”

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102