Legal Question in Criminal Law in New Mexico

Order of Protection

I got an order of protection against my husband because of physical violence and threats. He called and came over several times and now has 3 charges.

At Christmas time he started bringing gifts and leaving them at the door. Knowing that he would get angry and/ or show up if I didn't acknowledge the gifts I answered a couple of his calls to say thank you, and texted him once to say thank you. Also answered the phone once when I didn't know it was him.

My order says only he can be arrested, but still I am wondering if I can get in trouble for having contact?

Also, since I wondered if my answering his calls was ''enticing'' him to call me, I haven't reported anymore of his violations, which are like 100 phone calls (not threatening) and coming to the door maybe 5 times. Will the police even listen to me if I did?

I am still very scared of him, esp. if his counseling doesn't work out and we can't reconcile, what should I do?


Asked on 1/14/09, 11:48 am

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

Re: Order of Protection

You are voluntarily allowing him to violate the terms of the OOP. If you don't care, then why should anyone else? You either want protection from him, physically and emotionally, or you don't. If you are going to maintain contact with him during this period, then get the OOP dissolved. If not, then abide by it's terms. The system is not going to be quick to help you if you need it when you have not been following the conditions required by the OOP. If you are afraid of him, discontinue ALL contact with him until you no longer are.

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Answered on 1/14/09, 11:53 am


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