Legal Question in Civil Litigation in New Mexico

i have a situation in my hand that i don't know what to do.i've known this lady for 5 years, with in the five years our relationship grew strong. in that 3 years i've been threatened by her, her going to my Wife and telling her whats really going on. got my side tracked and started giving her more comfort and support. at the end she still did tell my wife and is still telling her things thru texting. My wife knew about me texting her for 4 years. she told me to stop doing that and started having marriage problem cuase of it. she even harrassed my wife at her work. called her as an anonymous caller, and told her that i had another child else where. left letters and and her own phone bill statements for her to see. i still have those documents. at the time i known her she told me that she was going to do this to me cuase that she really wanted me to be with her. and i told her that i didn't want to cuase i had my kids and my wife, and i didn't want to lose them. been wantinf get out for the longest time but dragged it on for this long. it all finally came out a couple of days ago. now she tell my wife that i love her and that he doesn't love you. should i file a restraining order???


Asked on 12/27/10, 7:08 am

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

First, you must be determined to end your affair without reservations. Unless you are fully committed to ending it, it is of no use to take any other action. If you are positive you will end it, then a restraining order is the best way to put the law on your side. When the order is entered, she will be in contempt of court and subject to criminal penalties if she violates it. Also, NM has stalking laws which protect persons in your situation should she continue. But, it is up to you. Nothing will help unless you terminate your affair finally and firmly. When you have taken these steps, some marriage counseling could well improve your home situation. Do the right thing; you know what that is; do it now.

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Answered on 1/01/11, 8:25 am


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