I've dealt with them before I know they're splitting there's supposedly a restraining order and I gotta find out what's going on with she's been a prisoner right into jail right so I I completely understand like I said I have to I have to physically see it though requested that she have the police to accompany her so that she could remove personal items a woman followed her attorney's instructions exactly she called police waited outside and made no contact she was still arrested what law did she violate and more importantly who bears actual legal responsibility for this outcome hello so I'm already I already know I've dealt with them before I know they were splitting there's supposedly a restraining order and I gotta find out what's going on with I got you but I also gotta find out who has the restraining order who Aaron my son Garcia has a restraining order I'm not against her she's not supposed to be here she's saying that she has it against him that I'll I'll look the paperwork to verify I don't know who does she's on his he's on his way OK he's about maybe 5 minutes away I got you cause she called us to come here and meet her to get some stuff but I I understand hello hi sir so restraining order wise who has the restraining order against who we both have it against each other I made a I call uh to retrieve no I understand um so you told me just to wait here and not to make contact so I've been here okay so but if you and you're not living here anymore correct um no that kicked us out okay okay so on the restraining order do you have your copy with you no no no not with me um I have an email but I called my attorney and they told me that okay can can we talk over here real quick please she doesn't have to listen while we're talking if you wanna bring that see if you have the email also so we can see it sure cause stipulations matter you got to realize if you have it against each of you yes and it says on his you're not supposed to be within so much distance of here uh huh this is gonna be too close oh my God you can't your attorney you need to read those you have do you have your copy the one that you were served with from him uh let me see cause they told me to come and just not make I uh not make not make contact you have to follow what the restraining order says okay so what do I do do you have your copy um somebody have him give me his copy he just got here oh OK so I have to see his too do you have your copy of your restraining order sir sure do if I can get that from you just give you heads up she is in violation of go inside get me I know I'm aware I'm gonna stay here cause I'm keeping an eye on her too she's supposed to be getting her copy supposedly you both have one each you have one against each other I just wanna so mine is currently in place right now we haven't gone to court to talk about her counter uh huh but but if you were served with the temporary even before court that would still be in place that's why I know that hers yeah mine still in place hers is not but yeah let me get you that and I gotta find I said I want her she's supposed to be looking hers up I may ask why is she what is she doing here so she actually called us saying she had stuff here she was waiting for us she called us like so going off the restraining order if she still has stuff here she can call us for a standby she's supposed to park further away and wait for us to show up yeah um am I supposed to get a notification so we would show up and we would knock on the door and if you're not here we would tell look at they're not here I just rush for I got you no I I understand so she wouldn't cause she's not allowed to contact you we haven't been able to'cause we're stuck we're we're just busy that's why we hadn't come out to this court but the attorneys do all the all the conversating and then that's how we did her attorneys wanted to told her to come here and just not go inside to just stay outside and stop so the locks have been changed so I don't understand how she's she's she's broken in show it to him show it to him and then we'll do the rest yeah so there's a lot of little idiosyncrasies on this stuff look for yours I'm gonna see if she's got hers yet so for your counter one yes was he ever served with anything yes that okay was he served with you guys have a court date or served with this is a temporary um to be honest I'm not too sure who supposedly served him uh when I so when you filed for your counter he was served he was served when um by who that the next day on the it was the next day you know by who uh no but I think it was the the service with the uh me LA casa okay they sent someone to serve him okay so I need to see your copy so I can see what your stipulations say um and when did you uh move out of here um I guess it must have been on the 5th of 5th or 6th of December okay what stuff do you still have here um I clothes purses some clothes shoes all kinds of stuff and he just trade them officer she's already been picked up one she's been in prison already to jail already so I I completely understand like I said I have to I have to physically see it though so I can see what the if you had a physical copy if you have a digital copy either one works so I can see what the stipulations are and when she uh she says she basically you told her to get out and she about December 5th was the last time she was uh correct here but she still has a bunch of her clothes and shoes and things like that still here uh well we never talked about it uh I guess she still has lots of heart please stop I I gotta talk to you're you're you're kind of in the middle but I understand you I you're here because of him well she she she is a resident here that's fine but the situation's between the two of you and there's certain civil things I gotta make sure that when she left um that's why I wanna see your paperwork see what it says cause all that makes huge difference on stuff you said you guys never talked about her getting her stuff or anything no no no hold hold on hold on let me talk between the attorneys uh huh I started bringing her clothes okay so yes we we already been doing that okay now we've been civil about it the attorneys have been pleasant and and the last time we were at the attorneys um all four of us I did bring her some clothes OK now my concern is that she's she's a danger to me now why didn't the attorneys talk about it why I have nothing to do with I have nothing to do with that part yeah that part that part I don't I don't know about but cause there's other small things that come with uh residency wise that affect what I can and cannot do what she can and cannot do and so forth so this is the latest restraining order awesome thank you nothing has changed since then um I I would like to press charges and if if you guys can book her again she's not supposed to be here or near me let alone let alone be inside my house this is the same reason why she was booked the last time for failure to abide by it while you're looking I'm gonna see if she got anything as well did you find paperwork I found this one but it's like the stipulated it's a stipulated for the for me to come here and drop her off and stuff and I didn't go inside the property line or anything he's got cameras so we can always look anyhow so it doesn't this does not say you can come here for exchange this says you get through get her from the release of school Friday uh on Mondays where is the respondent shall drop the child off at school on time and then so it does not say you come here to exchange okay it says that it it does change like I think your guys custody aspect but not where you can go do the exchange even back here okay uh you shall pick the so the respondent you shall pick the child up from school not here and you don't drop him off here I think he picks him up picks her up from school as well so what's going to happen I'm still trying to get his paperwork cause you guys have uh your uh uh court date keeps getting uh delayed correct okay so um for his temporary he you guys haven't gone to for his he's still on a temporary right his we're both are I believe okay you're both on temporary restraining orders against one another and his just keeps getting postponed for whatever reason through the courts I believe so so you're in public anything visible from public is allowed yes if this is public am I okay then no because yours specifically says that you cannot come within 100 yards of here if this is 100 yards 100 yards is a football field your lawyer you need to talk to them they need to be aware and he might have told you and you misheard cause you can call for this standby like you're saying but that would be you park up the road you wait at Walmart to meet us something and then we escort you in cause when we escort you in you're in the you're okay so give me a few minutes I gotta get his paperwork and see if we can get this sorted out okay have you been served at all with any paperwork from her for her counter um has your lawyer been yes OK make certain that if the if the lawyer's got it you have a copy so you know what you for stipulation so you know what you can and can't do just in case I do have that OK perfect just I just wanna make sure you you have the uh that info on there here's your ID back sir and after you receive your order let me show it let me show it to him the officer I guess you can walk in the house and see what yeah I I I she has gone so you have cameras right yes sir she's she's claiming she has not gone on the property she just stayed parked there I don't see anything in the car that would be consistent with whatever was rolled out lock is open open I haven't gone close enough to say I'll look at the cameras and more yeah that's saying she's got cameras so we can take a look and if she's if she's not lying then that part is kind of ruled out but that's what I'm saying if you have cameras that's the great thing about cameras so what has she she's been here for an hour what has she been doing waiting for us cause she literally called us at I think it was 3:28 saying she'd be over in this area in 20 minutes that needed to get some of our items I guess her passports inside and her driver's license if you have that know where it is we've been arguing about this for the past six months got you do not have that okay keep those I'm gonna have you send those here in a minute with the with the link but no she's been sitting out here for my understanding waiting for us'cause that's what her lawyer said she can do and technically she can if she would have been waiting at Walmart or at least communicate with me I would have so she can't communicate with you no the lawyers yeah the lawyers could have absolutely they should I agree but beyond that if she needs a standby and like say she does say hi cause you say she saw clothes here and said do I have some clothes I want to grab she could call us wait at Walmart we meet with her what are you needing OK he has a restraining order against me there's a counter we would come here with her we would make contact if you're here and say hey she's wanting to get some of these clothes can we come in with her and we just scoop it up and get out'cause she can only get a little bit of stuff with us we don't let people grab everything'cause it's basic stuff and then she'd leave and she would not be in violation cause she so full disclosure we already went through this she already went and took all her hygienic personal belongings but if she's here to get a few small items like I said it it there's there's nothing here I can walk you through the house and there's all her stuff is almost practically gone I got you and that's the thing those if she has some things that's where has she has she told you specifically she said she clothes and shoes was the main thing she mentioned to me uh okay and if you want to walk in there with me there are no none of her shoes so at this today she's gonna be arrested I'm letting you know that I just don't I just want to let her know I'm not that's why I was waiting for him um because she is in violation either she misheard or her lawyer told her absolutely wrong right it's one or the other um because she said he like I was told to just hang out and wait for you guys but it's within 100 yards and she said how far is that even if she hadn't if she called us first and she was like I said stay at Walmart we could escort her over here to find out what she she tells us what she's supposed to get cause we wouldn't know and if you let us walk through and we see there's nothing and say hey that's not here right you need to take off okay leave she wouldn't be in violation because she had law enforcement here right um but it's because she's over here so this means you will be needing to take custody of daughter that's fine so uh I've been doing it for the past I got you the past week anyways and she lives here anyways yeah yeah and she showed me the change on that so that that's where I said I can see if she can have someone come pick it up otherwise we'll we'll talk with her on it because it's not legally parked right it's way too far away from the curb I can't let her drive in for for it but um and I wouldn't want you to because then she's gonna right she makes any claims right so we'll find we'll deal with that here in a minute I'll have I'm gonna have her come out r O violation she did he if you could look at your cameras just to make sure she didn't while we're dealing with this part so your lawyer's on the phone right yes what's what's your lawyer's name Mick Gutierrez Mr Gutierrez you're on the phone yes sir how are you doing who's who who am I speaking Officer Brown Las Cruces Police Department hey thanks officer for speaking to me so so what did you tell her well I don't know what's going on other than she had gone to the police department requested that she have the police accompany her so that she could remove personal items yes the home in which there's a restraining order yes and she picked up her kid I suspected then went over there and was waiting for the police so the issue is do you have her copy of the restraining order does she have one oh she should have one I mean okay I tell her to keep one in her car you need to keep it you need to read it and I'm I'm not in the office I got you bro so I just got home the issue is she's about 10 feet from the property is where she stopped and waited and the stipulation specifically says you cannot she cannot come within 100 yards of here even if she calls us she has to wait until we meet with her and we verify everything and we come over here with her uh huh so if she'd parked at Walmart parked uh several blocks away and waited for us would would be absolutely fine she's parked right next to the property in front of the property that's that's the issue that's that's the violation and she's OK she probably didn't understand that I got you and that's why it it clearly says it in there if you read it it says the distance if you have to look it up you have to look it up um when I called the the uh the police department they told me to come and just wait and not make contact and you though are an adult and you are required to know what your restraining order says and where you are allowed to or not allowed to be just because a dispatcher tells you oh go wait in front that does not circumvent the restraining order okay you have to follow it cause that is following a judge's order it's circumvented Officer Brown no it'll create problems down the road I'm sure so but she's an adult and she knows how and she can read it proceed I don't get to choose she's gonna she has to get arrested our policy and everything this is not one we get to choose on all right I'll deal with that and I'll deal with everybody that's involved but thank you for calling and OK speaking to me uh do you want the case number for this as well while you're on the phone no I don't know oh do you want to give it to me that's what I was asking I'm gonna go to the chip real quick oh oh hold on hold on I gotta I'll go into my house idiot you want to yeah I appreciate that I'm glad thank you thank you so much yes sir um and what I mean by circumvent meaning they may be meaning to tell you wait up the road but they're not clear with it so why you have to read your restraining order what you're allowed to do and not allowed to do um and if this was one that we had an option we would but we do not okay um do you have someone you can call to pick up the vehicle uh yes OK is he allowed to touch the vehicle no he's not gonna cause we'll step over here just so she you're gonna call still I'm not putting you in cuffs or nothing yet call someone while we're here and see if we can get this so they can come pick it up OK so daughter's gonna have to stay with him because he's the he's the next in charge for it I don't want to tow your vehicle and that's why I was saying we can't move it and we wouldn't want him to touch it or his mom or nothing but because of where it's sitting at yeah we need someone to pick it up or it has to get towed and I'd rather you get someone like I said I'm not trying to make things difficult for you guys okay can I move the call with you yeah that one yeah I was just making sure she wasn't gonna change her mind to go a different direction alright I'll take the phone so you can make sure yes OK can we go on this side you wanna go the far side no you're you're cooperative that's fine by me alright I'll take your contacts also so I'll add that into the property OK do you need my order no but I we can I have a OK sorry about that I have a trash real quick the answer begins with New Mexico Statutes annotated 1,978 section 40 13 6 the Family Violence Protection Act when an officer has probable cause that a Protection order was violated arrest is mandatory the statute uses the word shall not may not at officer's discretion shall so that word was chosen by the Legislature to remove all field judgment the Protection order included a specific geographic restriction the restrained party could not come within 100 yards of the protected address she parked directly in front of the property the violation required no legal interpretation it required only observation and a basic understanding of distance the foundational rule this case illustrates is widely misunderstood an attorney's advice does not modify a court order a dispatcher's instructions do not modify a court order only the issuing court can alter its own terms any third party guidance that conflicts with the written text of a judicial order is legally void from the moment it is given a person personally served with a court order is presumed by law to know its contents this is not a harsh standard it is the minimum condition for court orders to function at all claiming ignorance of specific terms in a document placed in your hands in open court is not a recognized legal defense in New Mexico or in any other jurisdiction the attorney acknowledged on camera that you said you his client probably did not understand the distance restriction under Model Rules of Professional Conduct Rule 1 dot 4 an attorney must keep a client reasonably informed and explain matters sufficiently for the client to make informed decisions when incomplete advice leads directly and demonstrably to a client's arrest that standard demands serious examination three practical legal rules apply here first before taking any action near a protected address read the exact terms of the order you are subject to not a summary from council second verify all external guidance against the written document third if any provision is unclear seek judicial clarification before acting the record of this case exists because none of those steps were taken the officer was correct on the law and the arrest was properly executed that is settled the open question is this how many people have been arrested in similar circumstances not because of bad intent but because the professional they paid to protect them legally failed to read the document that governed their freedom that question has no easy answer and applies to far more cases than this one