Legal Question in Family Law in New Mexico

I suspect you didn't understand what Legal Aid was suggesting you do (or else I don't understand your question). Here's the way it works. New Mexico has a Family Violence Protection Act (the Violence Against Women Act is a federal law that doesn't, as far as I know, have anything to do with custody). Under the New Mexico act you can get an Order of Protection that acts like a Temporary Restraining Order but is not one. The Order of Protection also makes temporary custody arrangements. I suspect this is what Legal Aid asked you to do. It's a one-stop solution for domestic violence when the perpetrator was a family member or someone you had an personal relationship with, like an ex-boyfriend or the father of the kids.

A temporary Restraining Order is a more general order that you would use against a stranger who was threatening you or lots of other stuff, having nothing to do with kids or families. Lots of people, even lawyers, mistakenly or carelessly call the Order of Protection a temporary restraining order but it is not that.

You will still need to get a custody arrangement for your kids through the normal custody laws, because the Order of Protection is only temporary to give you time to do the other channel. You will need to demonstrate to the New Mexico Court that you and the kids have lived here long enough and the kids have enough connections with New Mexico that the New Mexico court should take jurisdiction. It would be good to have a lawyer's advice on this. Legal Aid is good, or call New Mexico Law Access in Albuquerque, 5059984529. It's a telephone help line that can help you with forms.

Legal Aid is giving you good advice and you should follow it. Don't try to anticipate that the courts will do this thing or that thing that you imagine could happen, you can drive yourself crazy and end up not doing anything. Ask them for what you want and let them respond, if you don't asjk the right question they will help you figure out what to do. The worst thing is to do nothing because you're afraid you'll do the wrong thing.