Legal Question in Family Law in New Mexico

I'm leaving an abusive relationship. He's been very emotionally abusive to me, he threatened he'd bury me in the backyard if I filed a restraining order against him and has physically abuse my 8 year old son(who is not his biological son) we have a 3 year old daughter together. We're not married and theres no custody in place.

I made an excuse for needing to leave and he said if I don't come back he'll file kidnapping charges.

I plan to file a restraining order when I get home (a differnt state). I'd file one here but scared he'd retaliate if I file one where he can get to me.

Can he file kidnapping charges? Do I have the right to leave? He's using drugs and drinking and I'm not sure what he'll do.


Asked on 5/07/14, 3:03 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

No to the kidnapping. Yes to the right to leave.

http://www.womenshelters.org/sta/new_mexico

http://safehousenm.org/

http://women.unm.edu/resources/violence-against-women/domestic-violence.html

You're in a very dangerous situation. I suggest you contact one of the organizations I've listed and try to arrange for a safe exit. They will give you advice but for starters you should begin to prepare an escape kit and route. Make a plan, recruit a friend or neighbor who can provide you with transportation if you have to leave in a hurry and find a place to stay for a few days. And once you've left, stay gone - don't let him talk you into coming back for any reason.

Read more
Answered on 5/07/14, 7:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico