NEW MEXICO : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Domestic abuse, under New Mexico law, means any incident by a household member against another household member resulting in:
A protection order protects you from abuse by a family member, domestic partner, or former domestic partner, including your:
Note: Same-sex partners and minors ARE eligible to file for protection orders. Cohabitation is not necessary to be deemed a household member for purposes of this section.
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An emergency order
This is a protection order that is granted by the court after an incident of domestic abuse if the courts are closed. NM statutes state that a police officer or sheriff may request an emergency order for you if you call them after an episode of domestic abuse. However, law enforcement personnel in your county may not provide this service. To issue an emergency order, the court must find that there are reasonable grounds to believe that you or your child is in immediate danger of domestic abuse following an incident of domestic abuse. You can receive an emergency order without a court hearing, and without your abuser's knowledge. It lasts 72 hours, or until the close of the next business day, whichever of those is later. You must file for a temporary order during business hours at the district court as soon as you are able to. Your best alternative, if you have been abused and want an emergency order, is to call a domestic violence organization in your area. If emergency orders are not available in your area, you can go to a district court and file for a temporary order the next day that the court is open.
A temporary protection order
This designed to protect you until the court hearing you must have if you wish to receive a permanent protection order. Like an emergency order, you can receive a temporary order without a court hearing, and without your abuser's knowledge. A judge will grant the temporary order only if she or he has probable cause to believe, based on the affidavit or petition that you fill out, that domestic abuse has occurred or that you are in immediate danger. Temporary orders last until your court hearing, usually around two weeks from the time you fill out your petition at the court.
A permanent protection order
This can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Permanent orders typically last up to six months if you have a child with the abuser, or one year if there are no children between the two of you. On rare occasions a judge may grant orders for longer periods of time. Policies and practices vary from county to county.
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A permanent order can:
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There are no fees for filing for a protection order
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Call the police or sheriff, even if you think it is a minor violation. Depending on the nature of the violation, the abuser may be arrested, fined and jailed. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. You may file criminal charges against the abuser yourself at the district courthouse if the abuser violates the order.
You may also file in civil court for a violation of a protective order. For example, if an abuser calls you and he's not supposed to, you can file a motion at the district court, and the court will schedule another hearing. Talk to the clerk of court about filing a motion for a violation of a protective order
Make sure a police report is filled out if your abuser violates the order, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
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