Domestic Violence Charges

Statistically, New Mexico has a problem with domestic violence, so the State takes allegations very seriously.

If you have been accused of domestic violence, you will be charged. So, you will need a criminal defense attorney. Get the expert help you need from Simon A. Kubiak, Attorneys at Law, PC.

Domestic Violence Charges Are Mandatory

For most types of crimes, after an arrest, a person must appear before a judge at an arraignment hearing. The judge will make the determination as to whether or not sufficient evidence exists to make formal charges or excuse the person from further proceedings.

That is not the case for domestic violence. If domestic violence allegations are made, charges are mandatory. So, if you have been arrested for “battery against a household member,” you will be charged.

Types of Domestic Violence Charges

There are a number of domestic violence charges that may be made:


Assault against a household member Petty misdemeanor
Assault includes an attempt or threat to unlawfully touch or use force against a household member. Up to $500 fine
Up to 6 months in jail


Battery against a household member Misdemeanor
Battery involves unlawful physical contact or application of force against a household member. Up to $1,000 fine
Up to one year in jail


Aggravated assault against a household member Misdemeanor
Aggravated assault may involve the threat of force with a deadly weapon and/or assault with an intent to commit a violent felony. Up to $1,000 fine
Up to one year in jail


If taken to trial, misdemeanor domestic violence charges are tried before a full jury. Petty misdemeanor domestic violence charges receive a bench trial, which is presided over by a judge only.

Domestic Violence Defense in Albuquerque

Even before domestic violence charges are made, you are subject to restrictive conditions.

  • You may not be able to return to your home.
  • You may not be able to speak to your spouse or significant other.
  • You may not be able to see your children, or visitation is significantly limited, possibly supervised.

Once charges are made, you need to navigate the domestic violence process to fight to keep your record clean and restore a sense of normalcy to your family life. There are too many places for missteps in the domestic violence process, and violation of the conditions of your arrest release could land you in jail and prolong separation from your family.

Simon A. Kubiak, Attorneys at Law, PC provides the expert criminal defense you need as well as trusted counsel for any related civil matters, including a Temporary Protective Order or divorce case. We also provide you with the assurance of 24/7 access through voice and text.

Contact us to schedule a free initial consultation.

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