Know the Laws: New Mexico
UPDATED August 11, 2009
A Protection Order is a civil order that provides protection from harm by a household member.
- Basic Information
- Can I get a Protection Order?
- What are the steps for obtaining a Protection Order?
- After the Hearing
Basic Information
back to topWhat is the legal definition of domestic abuse in NM?
This section defines domestic violence for the purposes of getting a protection order in New Mexico.
Domestic abuse:
- means an incident of stalking or sexual assault whether committed by a household member or not;
- means an incident by a household member against another household member consisting of or resulting in:
- physical harm;
- severe emotional distress
- a threat causing imminent fear of bodily injury by any household member;
- criminal damage to property;
- repeatedly driving by a residence or work place;
- telephone harassment;
- harassment; or
- harm or threatened harm to children as set forth in this paragraph; and
- does not mean the use of force in self-defense or the defense of another.*
For the act to be considered "domestic violence", you must have a specific relationship with the abuser, which is explained in Am I eligible for a protection order?
To read the exact legal terminology, please see the NM Legal Statutes page.
*N.M.S.A. § 40-13-2(C)
back to topWhat is a protection order?
A protection order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. Protection orders may also be referred to as restraining orders in some counties.
back to topHow can a protection order protect me?
A Permanent Protection Order may:
- Forbid the abuser from engaging in further acts of abuse, or from threatening to commit acts of abuse.
- Forbid the abuser from contacting you in any way.
- Order the abuser to let you retrieve your belongings from a home you share with him.
- Award you temporary custody of any children involved and determine visitation rights, child support and temporary support for you when appropriate (child custody must be determined in a separate hearing).
- Forbid the abuser from hiding, giving away or throwing away your belongings.
- Order the abuser to pay for any expenses related to the domestic abuse including; medical, counseling, replacement or repair of your damaged property, lost wages, and the cost of temporary shelter.
- Order the abuser to attend counseling sessions; the court may also order you to attend counseling for victims.
- Evict the abuser from a residence you share with him/her or order the abuser to provide a temporary residence for you.
- Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms. *
If your protection order evicts the abuser from the residence you share with him/her, you can ask a local law enforcement officer to help put you in possession of the residence or carry out any other item granted in your protection order.**
* N.M.S.A. § 40-13-5(A)
** N.M.S.A. § 40-13-7