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Acknowledgements
The New Mexico Judicial Education Center at the Institute
of Public Law, University of New Mexico School of Law, gratefully
acknowledges the generous assistance provided by the expert
volunteers who helped in developing the New Mexico Domestic
Violence Benchbook.
Numerous individuals contributed their expertise and time
in providing background material, researching and writing
portions of the benchbook, and reviewing and editing drafts.
They include:
- Ann Badway, 2nd Judicial District Attorney's Office
- Betty Caponera, Ph.D., New Mexico Coalition of Sexual
Assault Programs
- Mark Filosa, 7th Judicial District Domestic Violence
Commissioner
- Elena Giacci, Albuquerque Rape Crisis Center, University
of New Mexico
- Hon. Angela Jewell, 2nd Judicial District
- James Anthony Julian, 1st Judicial District Attorney's
Office
- Hon. Anne Kass, 2nd Judicial District
- Victor La Cerva, M.D., Department of Health
- Hon. James Loughren, 2nd Judicial District
- Fred Martinez, Attorney, Atkinson & Kelsey, P.A.
- Nan Nash, 2nd Judicial District Domestic Violence Commissioner
- Deborah Potter, Domestic Violence Unit, First Judicial
District Attorney's Office
- Hon. Jerry Ritter, 12th Judicial District
- Hon. Geraldine Rivera, 2nd Judicial District
- Charles Sanchez, 13th Judicial District Domestic Violence
Commissioner
- Barbara Shapiro, Attorney
- Judith Sims, 2nd Judicial District Attorney's Office
- Michael Stout, Attorney
- Henry Valdez, First Judicial District Attorney
- Hon. James Wechsler, Court of Appeals
- Stan Whitaker, 2nd Judicial District Domestic Violence
Commissioner
This benchbook was developed under grant number SJI-99-N-001
from the State Justice Institute. This project also was
supported by Grant No. 97-WE-VX-0095 (S-2) awarded by the
Violence Against Women Office, Office of Justice Programs,
U.S. Department of Justice. The points of view expressed
are those of the authors and do not necessarily represent
the official position or policies of the State Justice Institute
or the U.S. Department of Justice.
Purpose
The purpose of this benchbook is to provide all levels of
the state judiciary with a comprehensive resource guide
to domestic violence civil and criminal proceedings. The
benchbook incorporates the applicable requirements of state
and federal laws and court cases. It provides information
on the dynamics of domestic violence, explains the process
governing orders of protection, describes how domestic violence
can affect a variety of civil and criminal cases, and addresses
pretrial, trial and sentencing issues.
The benchbook is intended to serve as a current, convenient
secondary source of law, policy and practice for domestic
violence proceedings. Do not rely on the benchbook as legal
authority; instead, consult primary sources for specific
legal language and requirements.
Style and Format
The benchbook is written in an expository style, using proscriptive
language only when the law requires a particular action.
Abbreviations are kept to a minimum and should be readily
recognizable when encountered. Likewise, citations to statutes,
rules and cases use the most concise style possible while
still providing adequate reference information. Full citations
can be found in the statute and case lists in the appendices.
In general, citations in the text use the following style:
- Statutes: New Mexico statutes are cited as §__-__-__,
such as §32A-4-1, without "NMSA 1978."
Federal laws are cited as __ U.S.C. §___, such as
25 U.S.C. §1901.
- Rules: New Mexico judicial rules are cited as Rule
__-___, such as Rule 10-301, without the addition of "NMRA."
- Cases: New Mexico cases are cited using the New Mexico
Reports citation, such as 116 N.M. 456 (1993), and, if
available, the vendor-neutral citation adopted in 1998,
such as 1998-NMCA-039.
Effective Date
The information in this benchbook is current through April
2005. The benchbook will be updated periodically as funds
and staffing allow. Please contact the Judicial Education
Center at the address below for information about the
status and availability of updates.
Additional Copies
For information on obtaining additional copies of this manual,
please contact the Judicial Education Center. The manual
is available free of charge on the Judicial Education Center
web site, http://jec.unm.edu/.
Permission
to Reproduce
For information on the permission and acknowledgements necessary
for reproducing portions of this manual, please contact
the Judicial Education Center.
Contacts
For further information on the manual, or to report errors
or suggestions for future updates, please contact:
Paul Biderman, Director, 505-277-8789, biderman@unm.edu
Pam Lambert, Senior Attorney, 505-277-1052, plams@unm.edu
Beth Gillia, Staff Attorney, 505-277-0710, bgillia@unm.edu
Judicial Education Center
Institute of Public Law
1117 Stanford NE
Albuquerque, New Mexico 87131
Fax: 505-277-7064
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