RamosSidVanne_Unit8_Assignment

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University of New Mexico, Main Campus *

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333

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Law

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Jan 9, 2024

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docx

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1 Legislative Response to Domestic Abuse: Analyzing New Mexico Statute and The Impact on Combating Domestic Violence Sid Vanne R. Ramos Department of Criminal Justice, Purdue University Global CJ333: Family and Domestic Violence Professor Michael Pozesny December 13 th , 2023

2 Legislative Responses to Domestic Abuse: Analyzing New Mexico Statute and The Impact on Combating Domestic Violence Introduction The "2021 New Mexico Statutes Chapter 40 - Domestic Affairs Article 13 - Family Violence Protection Section 40-13-3 - Petition for order of protection " lays out a comprehensive framework for victims of domestic abuse to seek legal protection under the Family Violence Protection Act. This paper analyzes the legislative responses within this statute and assesses their impact on combating domestic violence in New Mexico. The statute establishes a clear and structured process for victims to petition the court for an order of protection, emphasizing the independence of these actions from other domestic proceedings. It provides supplementary remedies, acknowledging the multifaceted nature of domestic abuse cases. The inclusion of standardized petition forms aims to simplify the process, making it accessible to all parties involved. This paper further explores the real-world implications of the statute through compelling cases, illustrating how a domestic violence order of protection could have been a crucial preventive measure in tragic circumstances, ultimately contributing to the safety and protection of individuals at risk in domestic violence situations. 2021 New Mexico Statutes Chapter 40 - Domestic Affairs Article 13 - Family Violence Protection Section 40-13-3 - Petition for order of protection Definition The "2021 New Mexico Statutes Chapter 40 - Domestic Affairs Article 13 - Family Violence Protection Section 40-13-3 - Petition for order of protection" outlines the process for

3 victims of domestic abuse to seek protection through a court-issued order under the Family Violence Protection Act. A victim may submit a petition, sworn under oath, or accompanied by an affidavit detailing specific facts demonstrating the alleged domestic abuse. The petition must indicate the existence of any other ongoing domestic actions between the petitioner and the respondent. In such cases, mediation is generally not compelled unless the court determines that appropriate safeguards are in place. Importantly, actions initiated under this Act are independent of proceedings for annulment, separation, or divorce, and the remedies granted are supplementary to, not limiting, other available civil or criminal remedies. To facilitate the process, standardized petition forms with instructions are made accessible to all parties, available through law enforcement agencies upon request by alleged victims of domestic abuse. Overall Effect The "2021 New Mexico Statutes Chapter 40 - Domestic Affairs Article 13 - Family Violence Protection Section 40-13-3" has several significant effects aimed at protecting victims of domestic abuse. First, it establishes a clear procedure for victims to petition the court for an order of protection under the Family Violence Protection Act. The petition requires sworn statements outlining specific facts related to the alleged domestic abuse. Additionally, the statute acknowledges the independence of actions brought under this Act from other domestic proceedings like annulment, separation, or divorce. It ensures that remedies granted through the Family Violence Protection Act are not restrictive but are in addition to other available civil or criminal remedies. The statute also addresses the issue of ongoing domestic actions between parties, indicating that mediation is generally not compelled unless appropriate safeguards are in place. Furthermore, the availability of standardized petition forms with instructions accessible through law enforcement agencies simplifies the process for victims seeking protection. Overall,

4 the statute aims to empower victims, streamline legal proceedings, and enhance the legal tools available to address domestic violence within the state of New Mexico. Case #1: “Nobody told her about this gun safety measure in her state. Now, she wonders if it could have saved her daughter’s life - CNN.” In the case of Vanessa Salgado, her daughters accused her boyfriend, Bradley Wallin, of long-term abuse and molestation. Despite Salgado informing law enforcement about Wallin's possession of firearms, the red flag law in New Mexico was not invoked, contributing to a tragic double murder-suicide. The domestic violence order of protection could have prevented this outcome. A domestic violence order of protection is a legal tool designed to safeguard individuals from potential harm in abusive relationships. In this case, Salgado could have sought a domestic violence order of protection against Wallin. Such an order typically includes provisions prohibiting the accused from possessing firearms (Kuznia et al., 2023). If granted, this order could have been a preventive measure, temporarily removing Wallin's access to guns and potentially averting the Mother's Day tragedy. Case #2: “Jorge Rico-Ruvira Found Guilty of Second-Degree Murder and Child Abuse” The case involving Jorge Rico-Ruvira, as presented by Attorney General Raúl Torrez in 2023, is deeply intertwined with the issue of domestic violence, given the nature of the charges and the tragic events that unfolded. Rico-Ruvira was convicted of second-degree murder and child abuse. The victim, Isela Mauricio-Sanchez, had previously experienced instances of domestic violence with the defendant. In October 2019, Rico-Ruvira was charged with strangulation following a domestic dispute with Isela. The resolution of this case was pending when the subsequent murder took

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