Domestic Violence

Domestic Violence

domestic-violence

Domestic Violence in New Mexico

There are several crimes that may be charged in connection with a domestic violence (DV) arrest. Among those are:

Battery on Household member; Assault on Household member

Battery on a Household Member (HHM) is one of several domestic violence crimes. The legal definition of household member is very broad, and includes people who lived with you in the past but no longer have a relationship. Battery on HHM means actual physical touching in a rude, angry or insolent manner. Assault on a Household Member does not mean the same thing as the layman’s definition of an assault; under the law and assault is threatening immediate bodily harm but without physical touching.

Interference with Communications

Typically we see this charge when a telephone has been damaged for the victim tells the police that the assailant took a cell phone and denied outside calls.

Domestic ViolenceKidnapping

A very serious offense that can be a First Degree Offense with a mandatory 18 year term of imprisonment.

False Imprisonment

This lesser felony to kidnapping carries a reduced term of imprisonment.

Senate Bill 2: (additions and deletions in the Crimes Against Household Members Act)July 1, 2010 (effective 07-01-10)

The Act now reads: A “household member” means a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabilitation is not necessary to be deemed a household member for the purposes of the Crimes Against a Household Member Act.

“Continuing Personal Relationship” means a dating or intimate relationship. Removed from this Act were the words “or family member, including a relative”

Jury Instruction Defining Household Member:

A “household member” means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the threatened