Legal Question in Criminal Law in New Mexico

Husband's DV trial- Do I need a lawyer
The ADA who is prosecuting my husband's 3 violations of my protective order, wants me to give him tapes of my husband's messages and go to a motion hearing to tell the judge we have been in contact.

Do I have to go? Do I need a lawyer?

I had the protective order modified in district court to allow phone calls between us, but I guess there is a no contact order issued by the judge in his criminal court. I knew nothing of this. Are we allowed to talk or have I also broken the law?

My husband is already in jail, what else can still happen?

Am I goint to get thrown in jail by the judge? I have several children and I am terrified.

Asked on 2/09/09, 1:54 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Husband's DV trial- Do I need a lawyer

1. If the Order of Protection permits telephone contact, then no one has done anything wrong.

2. You do not need a lawyer; the ADA will represent you.

3. You will not go to jail, even if you spoke with him on the phone in violation of the Order of Protection.

4. You need to cooperate with the system to end the cycle of DV which apparently is a part of your relationship with your husband.

5. Do not allow the abuse to continue.

Answered on 2/09/09, 2:40 pm

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