Legal Question in Family Law in New Mexico

what am i suppose to do when the mother of my children keeps accusing me of abuse on her and my children and we are not even in a relationship anymore. I'm engaged to get married and she still has been filing papers in court about me doing stuff to her.


Asked on 3/06/12, 1:40 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

This is a tough problem. I believe the domestic violence system is rigged in favor of the accusers - in my experience some hearing examiners give restraining orders on flimsy hearsay evidence and the accused is hard put to it to defend. Nevertheless defend you must. Follow the procedures, go to the hearing and explain and defend, file objections to the hearing examiner's recommendations and go to the judge and explain that your ex is harassing you with numerous unfounded complaints and ask him/her for relief.

If the complaints are made to CYFD, the department overloaded and rushed, and they have some poorly qualified or burned-out investigators. With CYFD stand up to the investigators and demand your rights - which include not answering their questions or allowing them in to your house. The Child abuse statute provides immunity to an accuser unless the accuser acts in bad faith or with malicious purpose. Since the accuser is anonymous you can't find them to take action on the bad faith part, but you can insist to CYFD that after they find the complaint unsubstantiated they take action against the accuser, whom you assume is your ex. They have seldom or never done this, to my knowledge, but if enough people get on them (only about 5 or 6% of complaints are substantiated) they may start to take action against people like your ex.

Good luck. This fight is best waged with the help of a lawyer.

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Answered on 3/06/12, 7:43 pm


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