LAS CRUCES, N.M. -- A Vado man was arrested on charges of stalking and battering the mother of his children last week.

It wasn't the first time, according to court documents. Pedro Ontiveros has been arrested and accused of attacking the woman two times before.

In New Mexico, a person's misdemeanor charges of battery could turn into felony charges if he or she is convicted a first time, but in the case of 19-year-old Pedro Ontiveros Jr. his first case is still pending.

In essence, he gets to keep getting out of jail.

The first arrest was in late January, then earlier in March, and again last week.

District Attorney Susana Martinez said she will take action so it won’t happen again.

“Every time you are arrested, particularly for domestic violence, one of the standard conditions is no contact with the victim,” said Martinez.

Martinez said sometimes the problem lies with the courts, and the bond schedule. Prior arrests are not always checked when a person is able to bond out.

She said, “It is not always clear to the judge giving the bond that he has a prior conviction or he has another case pending.”

The Dona Ana County Sheriff's Office reported Ontiveros met the victim at convenience store in Las Cruces. While there, he pushed the victim down and took their two children. Martinez said she will act to put more restrictions in place to protect the victim.

“We're going to file motions to review conditions of release in the first two cases. We will ask that the bond be revoked and show examples as to why because he has violated twice after that. And we will see if he can be held all three cases in the jail," Martinez said.

Ontiveros was held under a $6,000 surety bond. He was released the next morning.