Judge orders document removed that put domestic violence victims in danger

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Albuquerque’s new Domestic Violence and Sexual Assault Commission spotted and removed a clause that could have proved dangerous for victims of domestic violence. | shutterstock.com

Albuquerque’s new Domestic Violence and Sexual Assault Commission rushed to have a document removed that could have put survivors of domestic violence at risk.

A document included in the serving process for restraining orders raised red flags for Rape Crisis Center of Central New Mexico advocates. The form, in circulation for nearly a month, has wording that instructs whoever files a restraining order is responsible for serving it. Rape Crisis Center advocates argued that’s a position no assault or abuse survivor should be placed in.

“Super concerning for any survivor to think that they have to serve their own restraining order to their offender,” Jodie Jaramillo, director of Crisis Services at the Rape Crisis Center of Central New Mexico, told KOB.

Teresa Garcia, chair of the Domestic Violence and Sexual Assault Commission, said having someone who filed a restraining order be responsible for serving it is dangerous. “The offender could potentially abuse them again, use coercive control to convince them not to go through with it, or also pretend they never received the restraining order,” Garcia told KOB. “Which then also takes more time for the survivor. They have to take off work. They have to find out where they are.”

Rape Crisis Center representatives immediately emailed the courts about the issue and then reached out to the City of Albuquerque’s new Domestic Violence and Sexual Assault Commission. Jaramillo said the commission moved quickly to remove the document.

“It was less than 24 hours. It was like the next day,” Garcia said.

District Court Judge Amber Chavez immediately ordered the confusing page be removed and clarified that Bernalillo County deputies would serve their restraining orders. “This is an example of how the Court works with its justice partners, including members of the DV/SA Commission to serve our community,” Baker told KOB. “Communication and dialogue are key.”

“This commission is just been a terrific forum to realize that we have the ability to bring about quick change in our county,” Jaramillo said. “It’s really nice that we’re working together as a commission, and it working so quickly, and making those changes, and just seeing that success was fantastic.”

The commission meets once a month.