Advocate Services
We emphasize service to victims of domestic violence and sexual assault, including representation at protective order hearings and other court appearances. Legal services are provided as a compliment to our Domestic Violence Project. Three domestic violence advocates (operating under a DOJ rural grant) provide advocacy, outreach and training to victims of domestic violence in the four-county area. In cases of extreme need, our staff attorney represents the victim during her protective order or divorce case.
Our Location:
Legal FACS DOMESTIC VIOLENCE PROJECT (DVP)
400 Gold SW, Suite 106, Albuquerque, NM 87102
(505) 256-0417 Fax: (505) 256-0780
SERVICES AVAILABLE:
● Advocate assistance in filing for Orders of Protection and court proceedings.
● Education and training for victims of domestic violence, service providers, law enforcement, and court officials.
● Referrals to other service providers for emergency shelter, housing, public assistance, medical care, mental health support, and other support services.
● Legal representation during Order of Protection hearings.
● Development of personalized Safety Plans.
PROCEDURE
If you are interested in receiving assistance from Legal FACS, please call 217-0464 as soon as possible to be screened for eligibility. We will need to know:
● your gross monthly income;
● the type of legal help you need; and
● the date and time of any scheduled hearings.
ELIGIBILITY
Assistance is provided to:
● Low income individuals.
● Victims of domestic violence.
● Individuals in Bernalillo, Sandoval, Torrance and Valencia Counties.
● For Order of Protection Hearings (and/or subsequent hearings); or information about rights and legal procedures; or providing legal forms.
● Completing pleadings for domestic relations cases, such as, Divorce, Child Custody and Child Support.
WHAT YOU CAN DO IF YOU ARE IN AN ABUSIVE RELATIONSHIP
Talking to someone about the abuse is the first step in changing your situation.
Contact a domestic violence shelter. They can offer support, services, and information even if you are not ready to leave. YOU ARE NOT ALONE.
If you know someone who is being abused, be supportive, listen, offer options that will increase safety and encourage them to call a shelter for information.
If you know children who are witnessing domestic abuse, offer support and help them to understand that it is not their fault.
What is an Order of Protection? It is a court document, also called a Restraining Order, issued by the court to protect you and your children from someone who is abusing or harassing or stalking you.
ORDERS OF PROTECTION
Orders of Protection may be obtained in the following New Mexico counties:
Bernalillo County Courthouse is located at 400 Lomas NW in Albuquerque. The Domestic Violence Division is on the second floor. (505) 841-6737
Sandoval County Courthouse is located at 100 Avenida de Justicia in Bernalillo.
(505) 867-2376
Torrance County Courthouse is located at 903 N. 5th in Estancia. (505) 384-2974
Valencia County Courthouse is located at 444 Luna Avenue in Los Lunas. (505) 865-4639.
For filing Protective Orders in other counties and tribal communities, contact the local courthouse.
HAVING YOUR DOMESTIC VIOLENCE PAPERWORK SERVED IF YOU LIVE IN THE ALBUQUERQUE AREA: Follow the instructions below for the correct way to have the other person served.
If you live in the Albuquerque area, you may use the Bernalillo County Sheriff’s Office Court Services (768-4140) for service of your Domestic Violence paperwork. When finished in the Domestic Relations (DR) Clerk’s office take your “Sheriff’s Return of Service” packet to: Albuquerque Police Department located at 400 Roma N.W., Room 150 Court Services.
Albuquerque Police Department (APD) Service: If an Albuquerque Police Officer is called to your home and the Respondent (the other person) is there, the Officer can serve him/her with your domestic violence paperwork and send the “Return of Service” to the court.
APD Service: When eviction is needed, call the police non-emergency 242-cops from the nearest telephone booth, neighbor’s house, or go to the nearest police substation and let the officer know that you have a Domestic Violence Restraining Order and the person you have it against is at your home. The officer will arrange to meet with you, at this time the officer will serve and evict as the Court ordered. The officer will send the Return of Service to the Court.
Private Service: If you are using a private person for service, THEY MUST BE OVER THE AGE OF 18 and MUST HAND DELIVER the paperwork to the Respondent. After serving the paperwork this person must sign before a Notary Public with a picture I.D. and the “Affidavit of Service” form, which needs to be completed, SIGNED and RETURNED to the Domestic Violence Office. If you choose to use a Process Server, please check in the yellow pages under process server listings.
If the other person is not served, you will need to appear for the scheduled hearing. If there is an emergency, please call 911.
Keep a copy of your Order of Protection with you at all times, in your purse or your pocket. Give copies of the Order to your employer, lawyer, landlord, and your child(ren)’s school and child care providers.
Bernalillo Second Judicial District Courthouse
GOING TO COURT
If you must go to Court to obtain an Order of Protection, you should:
● Avoid any contact with your abuser before court proceedings.
● Contact your witnesses before your hearing. You may use subpoenas to guarantee their appearance in court.
● Arrive to court at least 15 minutes early. If possible, bring a friend or advocate for emotional support.
● If you cannot attend your scheduled hearing or think you will be late, contact the court and/or your lawyer immediately.
● Do not speak to your abuser in court; direct your comments to the Judge or your lawyer.
● Bring evidence of physical abuse – such as photos, medical and police reports – to show the Court.
● Prepare records of your financial needs for the Judge.
● Make a list of your property and make a plan to recover it if you must leave your home.
● If you have children, develop a plan for safe transfer and/or for supervised visitation.
RELATED PROGRAMS
Legal FACS operates the Courthouse Lawyer Service in Bernalillo County. Courthouse volunteer lawyers provide forms and instruction materials to help low income people represent themselves in family court cases. The Courthouse Lawyer is available on Tuesdays and Thursdays. Service is “first come, first served.” The volunteer lawyer will not give legal advice, but will provide you with legal forms and answer questions about them. If you need additional help to finish your forms, call our Forms Clinic at 256-0417 for an appointment.
It is important at the outset that self-represented persons recognize that they are required to follow the same rules of procedure and evidence as a party represented by a lawyer. It is the responsibility of every litigant, including self-represented parties, to determine what needs to be done and to take the necessary action.
The Legal FACS Domestic Violence Project provides advocacy, limited legal services and representation for low income victims of domestic violence free of charge. Legal representation is provided by licensed attorneys in Bernalillo, Sandoval, Torrance, and Valencia Counties.
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