Domestic Violence Process

An arrest for domestic violence will result in charges. That means an arrest immediately begins the justice process. Simon A. Kubiak, Attorneys at Law, PC in Albuquerque will help you navigate the process that will likely involve both the criminal and civil court systems. We provide the tough criminal defense and trusted counsel you need to fight to keep your record clean and move towards repairing your family.

Criminal Domestic Violence Process

Unlike many other types of crimes, domestic violence charges are mandatory in New Mexico. So, if you have been arrested for domestic violence, charges will be formally made at the arraignment.


Domestic Violence Conditions of Release

The conditions of release from a domestic violence arrest are in effect throughout the criminal process. However, if you and the alleged victim agree, conditions may be modified through court order. You will have to file a motion to amend the conditions, and the judge will likely schedule a hearing to make sure the alleged victim feels safe if any conditions are lifted.

Domestic Violence Early Intervention Program

For first offenders, the criminal justice process may be “paused” after charges are filed to allow time to complete a diversion program. In New Mexico, eligible alleged domestic violence offenders are enrolled in the Early Intervention Program (EIP), which may include:

  • Group and/or individual counseling
  • Group and/or individual anger management classes
  • Bi-weekly check-ins with an assigned probation officer

EIP is a six-month program. If successfully completed, charges are dismissed. If not completed or if feedback from program administrators (therapists or probation officers) indicates unsatisfactory progress, your case may revert back to the path to trial.

Civil Domestic Violence Process

The criminal process for domestic violence is often complicated by concurrent matters filed and handled in the Domestic Relations (civil) Court.

If the alleged victim filed for a Temporary Protective Order (not a criminal restraining order), you likely face additional restrictions, which may include loss of visitation with your children. Once a TPO goes into effect, a hearing will be scheduled within 10 days where the order will either be lifted or extended.

If a divorce case is open or filed, your case will be assigned to a judge with domestic violence experience. Divorce proceedings may be postponed to allow a party to complete a diversion program and/or until the case is resolved with either a domestic violence conviction or dismissal.

Step-By-Step Counsel through the Domestic Violence Process

Domestic violence cases are complicated, and the stakes are high, even before conviction. Let Simon A. Kubiak, Attorneys at Law, PC guide you through the process. Our expert criminal defense attorneys can appear on your behalf at many pre-trial conferences and hearings. We can advise you on civil court matters as well. And, you will have 24/7 voice and text access to your attorney.

It only takes one call to get the legal help you need. Contact us to schedule a free initial case 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