Legal Question in Criminal Law in New Mexico

My mother and I are bost listed on a lease. She moved out 4 months ago and we helped her move her stuff. I now have a girlfriend who lives with me. My mother and I got in a bad argument so I've now changed the locks due to threats of her emptying our house of all our stuff. She called a locksmith and got the new key and came inside when she thought I was gone. She tried to push past me so I turned her around and relocked the door. She called the police and I got arrested for my first ever "battery against a household member" where she told police I "beat her to the floor with my fists". 30 minutes after I got arrested, she already had a uhaul and emptied our house. Of course neither of us has receipts for anything but we moved HER stuff 4 months ago...

I was only protecting my girlfriend and belongings from my crazy mother. Doesn't it help at all that she already moved out and was clearly only there to start trouble? The landlord also knew she's already moved out and agreed to testify if needed. What am I looking at and what's the best way to get out of this bad situation?


Asked on 5/05/12, 7:42 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The best way out is to (1) go to criminal court with all your witnesses. Statements/letters will not work. They must be there in person to testify to the facts in your favor. The DV charges against you will not be dismissed. You must plead not guilty and have a trial if you want to win. Otherwise, you lose. (2) file suit in small claims court {Metropolitan Court in Bernalillo County) for the return of your possessions or payment if they cannot be returned. The Clerk of Court will provide all forms but not legal advice.

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Answered on 5/05/12, 12:19 pm


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