Domestic Violence and Violence Against Children

Violence against children is considered an egregious crime because, compared to an adult, children are helpless. They do not have the strength or means to protect themselves. Any allegation of violence against children will likely involve protective agencies, like New Mexico Child, Youth and Families Department (CYFD). Allegations may also lead to serious charges.

To protect your family and your record, you need to aggressively fight any charges of violence against children. Simon A. Kubiak, Attorneys at Law, PC may help you seek justice under the law.

Violence Against Children is Not Domestic Violence

childrenIn New Mexico, domestic violence is defined as assault or battery against a household member. A household member is defined as:

  • Spouse or former spouse
  • Parent or grandparent
  • Current or former stepparent, parent-in law or grandparent-in-law
  • Co-parent of a child of a person with whom there is a current or former intimate relationship (including dating)

By definition, domestic violence cannot be committed by a parent against a child. Violence against a child is classified as a different crime—child abuse or child neglect.

However, a violent act committed by a child towards a parent is domestic violence.

How a Domestic Violence Attorney May Help You

Although violence against children may not fall under a domestic violence charge, an experienced domestic violence defense attorney may still be uniquely qualified to help you.

Sometimes, what is considered violence against children is a difference in perspective about corporeal punishment. For example, someone might view spanking too hard or public shaming as types of violence against children.

Violence against children issues that involve parental rights and responsibilities are handled by the civil court system—the same court system that may issue a Temporary Protective Order or preside over a divorce with an associated domestic violence case. Because domestic violence defense attorneys must often navigate Domestic Relations Court to resolve criminal charges, they have the familiarity with the civil court system you need.

To find out more about where allegations of violence against children may be handled and your options, talk to the criminal defense team at Simon A. Kubiak, Attorneys at Law, PC. Contact us to schedule a free initial consultation at our Albuquerque, NM 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