RamosSidVanne_Unit8_Assignment

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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,

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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

5 place. A domestic violence protection order could have played a pivotal role in preventing the tragic outcome. Such an order, if granted, typically includes provisions restraining the accused individual from approaching or contacting the victim. In this case, it could have provided Isela with a legal mechanism to seek protection from Rico-Ruvira, potentially averting the subsequent violent events. Case #3: “Domestic Murder-Suicide: A Compound Tragedy” In the tragic case of a domestic murder-suicide discussed by Salvatore (2022), where a man shot and killed a woman believed to be his wife, the implementation of a domestic violence protection order could have presented a critical intervention. The incident underscores the recurring theme of intimate partner violence and disputes leading to fatal outcomes, emphasizing the need for legal mechanisms to protect potential victims. In this specific case, considering the report of escalating domestic violence, a domestic violence protection order could have imposed legal restrictions on the perpetrator's proximity and contact with the victim, potentially acting as a deterrent against further violence (Salvatore, 2022). Moreover, the presence of firearms in domestic settings, as highlighted in the case, is a significant risk factor in murder-suicides. A domestic violence protection order could have included provisions to restrict the perpetrator's access to weapons, addressing a key element associated with the tragic event. By implementing such legal measures, authorities might have disrupted the potential for a lethal outcome, contributing to the safety and protection of individuals at risk in domestic violence situations. Case # 4: “Algodones Man Arrested After Allegedly Violating Protection Order” In the case presented by Gregory Hasman (2022), the relevance of a domestic violence order of protection or restraining order is evident in addressing the safety concerns of the victim,

6 who is Armando Escarcega's mother. According to the criminal complaint, Armando Escarcega had a restraining order issued against him by his mother one month before the incident. In this context, the order of protection served as a preventive measure, aiming to safeguard the mother from any potential threats or acts of violence from Escarcega. The restraining order played a crucial role in the response to the reported violation. When the mother returned home and discovered Escarcega inside the house, violating the protection order, she promptly called the sheriff's office. The order provided a legal basis for law enforcement to intervene, leading to Escarcega's arrest on charges of aggravated stalking and burglary. This incident underscores the effectiveness of restraining orders in empowering victims to seek legal assistance and protection when faced with violations, ensuring a swift response from law enforcement to address the situation. Conclusion In conclusion, the analysis of the "2021 New Mexico Statutes Chapter 40 - Domestic Affairs Article 13 - Family Violence Protection Section 40-13-3- Petition for order of protection" reveals a robust legislative framework designed to empower victims of domestic abuse and enhance legal tools in combating this pervasive issue. The statute's clear procedures, independence from other domestic proceedings, and supplementary remedies demonstrate a comprehensive approach to addressing domestic violence. Through the examination of real- world cases, the potential impact of a domestic violence order of protection as a vital preventive measure becomes evident. By restricting access to firearms and providing legal avenues for victims to seek swift intervention, such orders can significantly contribute to averting tragic outcomes. This paper underscores the importance of legislative initiatives like the one in New Mexico in fostering a safer environment for victims of domestic violence, ultimately

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7 emphasizing the need for continued efforts to refine and strengthen legal responses to this critical societal challenge.

8 References Hasman, G. (2022, June 2). Algodones man arrested after allegedly violating protection order. Rio Rancho Observer . https://rrobserver.com/man-arrested-after-allegedly- violating-a-protection-order/ This resource lacks credibility as it appears to be a local news outlet with limited information, and the absence of additional details or official sources raises concerns about the accuracy and completeness of the reported incident. It was only utilized due to the limited online resources available. Kuznia, R., Kamp, M. de P., & Brown, P. (2023, July 10). Nobody told her about this gun-safety measure in her state. now, she wonders if it could have saved her daughter’s life . CNN. https://www.cnn.com/2023/07/10/us/gun-safety-red-flag-new-mexico- invs/index.html This resource is unreliable due to potential biases in reporting and a focus on sensationalism. It was only utilized due to a lack of credible alternatives online. Salvatore, T. (2022, October 5). Domestic murder-suicide: A compound tragedy . FBI Law Enforcement Bulletin. https://leb.fbi.gov/articles/featured-articles/domestic- murder-suicide-a-compound-tragedy This is a credible resource, given its official status as the online platform of the Federal Bureau of Investigation, offering reliable information on national security and law enforcement. Its authoritative nature, alongside regular updates, ensures the accuracy and trustworthiness of the provided content. Tim Stanley. (2021). 2021 New Mexico Statutes: Chapter 40 - Domestic Affairs: Article 13 - Family Violence Protection: Section 40-13-3 - petition for order of protection;

9 contents. Justia Law. https://law.justia.com/codes/new-mexico/2021/chapter-40/article-13/section-40- 13-3/ This is a credible resource because it offers abundant legal resources that are freely accessible to users and encompass state-specific statutes, case law, and consistently updated legislation over time. Torrez, R. (2023, October 25). Jorge Rico-Ruvira found guilty of second degree murder and Child abuse. New Mexico Attorney General. https://www.nmag.gov/jorge-rico- ruvira-found-guilty-of-second-degree-murder-and-child-abuse/ The New Mexico Attorney General's website is a credible resource as it is the official platform, providing accurate, up-to-date information on legal matters in the state.

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