Many times clients are confused on the difference between a criminal domestic violence action and a civil domestic violence action.
There are many distinctions between the two, too many to enumerate them all here. In short, however, each is extremely serious and should be treated as such.
A criminal domestic violence action usually begins with a criminal complaint alleging battery on a household member or assault on a household member. In Albuquerque, these are filed in Metropolitan Court. In other areas, including Rio Rancho and Sandoval County, they are filed in magistrate court.
In cases involving serious injury or deadly weapons, the cases will be filed as felony domestic violence and the case will eventually be transferred to District Court.
Continue reading "Criminal v. Civil Domestic Violence Charges in New Mexico" »