Rep gets restraining order on investigator
P.I. claims he’s a victim of retaliation for filing ethics charge
SANTA FE — A dispute between a private investigator and a state lawmaker has spilled into court.
A judge in 2nd Judicial District Court last week ordered the private investigator, Carlos Villanueva, to stay away from state Rep. Patricia Roybal Caballero and not “abuse” her in any way.
Villanueva, in turn, filed a lawsuit accusing Roybal Caballero of defamation and asking a judge to lift the restraining order, arguing that it was obtained under false pretenses.
In her petition for an order of protection, Roybal Caballero told the court that Villanueva has stalked, harassed, threatened and made false statements about her — behavior that began in January, she said. He goes to public meetings where she is, she said, and she’s terrified of what could happen.
State District Judge Debra Ramirez signed an order July 20 finding “probable cause to believe that an act of domestic abuse has occurred” and prohibiting Villanueva from going near the representative’s home or workplace.
Villanueva, in his own court filings, contends that Roybal Caballero is retaliating against him because he filed an ethics complaint in May accusing her of not living in the district she represents. Roybal Caballero denies the charge, and the complaint is pending.
The same day the judge issued the restraining order, Villanueva filed a lawsuit accusing Roybal Caballero of defamation and abusing the legal process to harass him. She obtained the restraining order “under false pretenses,” his lawsuit argues, infringing on his First Amendment right to visit the state Capitol, which is considered Roybal Caballero’s workplace.
Villanueva also filed an emergency application Tuesday asking a judge to lift the order and prohibit Roybal Caballero from publishing any false, defamatory statements in the domestic relations division of 2nd Judicial District Court.
Roybal Caballero is an Albuquerque Democrat in her third term representing much of the West Side. Villaneuva is a licensed private investigator who sometimes works for campaigns.