How an Order of Protection Can Affect Your Kids

If you believe that you need an order of protection, you may be concerned about how it could affect your children. Parenting is probably the most difficult job to do well. It is important to anticipate how issues will affect your children, particularly if you are going through a divorce or legal separation.

A New Mexico court can issue an order of protection to prevent people with whom you have had an intimate relationship, as well as some people who live with you, from “hurting, threatening or harassing” you. If you are not familiar with orders of protection, you can learn more at our earlier blog here.

One of the reasons an order of protection may be issued is to prevent child abuse. If your spouse or ex-spouse has abused your child mentally or physically, one way to protect your child is to request an order of protection from a New Mexico court. Most judges will also entertain issuing an order of protection if you believe your children are in danger of being abused and can explain the reasons for your concern to a judge.

In the order of protection, the judge may award temporary custody and temporary child support to you for up to six months. The judge also has the power, in cases involving actual or potential child abuse, to deny visitation to the abusing spouse when it is in the best interest of the children to do so.

A New Mexico judge also has the authority to issue what is called a “temporary order of protection.” This is a binding order of the court that sets rules until a hearing is held on the regular order of protection. Temporary orders are very limited in time. They may address issues such as custody, visitation, and support, in addition to preventing the person from harassing or hurting you or your children.

Many people are concerned about whether their kids will have to appear in court if they request an order of protection due to child abuse. Most of the time, the child does not need to appear. If the child needs to be in court, either the judge or the attorney will tell you and will set it up.

An experienced New Mexico family lawyer can help you understand what to expect with an order of protection. If you have questions, contact the Lightning Legal Group. We know that many questions arise when you’re navigating a negative family issue, and we’ll help you find your way. Contact us today at (505) 247-2390 for experienced legal advice.


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