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Know the Laws: New Mexico

UPDATED April 28, 2016

Civil Restraining Orders (for harassment or other harm)

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Victims of harassment or other harmful acts/crimes can apply for a civil restraining order (also called an injunction). The victim must prove that s/he is likely to suffer irreparable harm if the court does not order the other person to stop the behavior and stay away.  However, who can qualify and what relief is available may be different depending on the judicial district in which you live.  Also, unlike a domestic violence protection order, there is a filing fee to get a civil restraining order (even if you are a victim of domestic violence) and the order will not affect the defendant's right to possess a firearm under the federal firearm laws.

Below, we are including the information that is available online in a variety of judicial districts.  If you don't see your district, you can contact an attorney (see our NM Finding a Lawyer page) or contact the district court where you live (see our NM Courthouse Locations page).  

County-specific information

back to topFirst Judicial District (Santa Fe, Rio Arriba and Los Alamos counties)

In the First Judicial District Court of NM, which covers the counties of Santa Fe, Rio Arriba and Los Alamos, you can apply for a civil restraining order against someone who has caused you harm that is likely to continue/cause you irreparable harm if the court doesn't order the person to stop.  You can only apply for an order against someone who is:

  • not a spouse or ex-spouse,
  • not a family member or relative, and
  • not someone who you have a child in common with. 
If you are granted a temporary restraining order, which can later become a preliminary injunction and then a permanent injunction, you may be granted the following protections:
  • The defendant does not threaten, harm, alarm or annoy you or your family and household members;
  • The defendant stays at least a certain number of yards away from you, your residence, your workplace and your child(ren)'s school;
  • The defendant does not call you or contact you in any way;
  • The defendant does not block you in public places or roads; and
  • Other relief to keep you safe.
As of 2014, the filing fee is $122.  The above information comes from the First Judicial District Court's website.  For more information, please talk to a lawyer.  For legal referrals, go to our NM Finding a Lawyer page.

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back to topSecond Judicial District (Bernalillo county)

In the Second Judicial District Court of NM, which covers Bernalillo county, you can apply for a civil restraining order against anyone who has caused you serious harm or threatened you with harm that is likely to continue/cause you an irreparable injury if the court doesn't order the person to stop.  You can apply for an order against anyone and you can ask that your family/household members be included as well. 

If you are granted a temporary restraining order, which can later become a preliminary injunction and then a permanent injunction, you may be granted the following protections:

  • The respondent does not threaten, harm, harass, you or your family and household members;
  • The respondent stays at least a certain number of yards away from you, your residence, your workplace, and your child(ren)'s school;
  • The respondent does not call or contact you in any way;
  • The defendant does not block you in public places or roads; and
  • Other relief to keep you safe.
The filing fee as of 2014 is $132 and must be in cash, money order, or cashier's check payable to Clerk of District Court. 

The above information comes from the Second Judicial District Court's website.  For more information, please talk to a lawyer.  For legal referrals, go to our NM Finding a Lawyer page.

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back to topTwelfth Judicial District (Otero and Lincoln counties)

In the Twelfth Judicial District Court of NM, which covers the counties of Otero and Lincoln, you can apply for a civil restraining order against anyone who has caused you harm that is likely to continue/cause you an irreparable injury if the court doesn't order the person to stop.  You can apply for an order against anyone and you can ask that your family/household members be included as well. 

Here are some examples of reasons that a civil restraining order can be granted, if the respondent:

  • Physically or sexually assaulted the petitioner (you);
  • Followed, pursued, or stalked the petitioner;
  • Made uninvited visits to the petitioner;
  • Made or sent harassing phone calls, texts, messages, or emails to the petitioner;
  • Made threats to the petitioner;
  • Frightened the petitioner with threatening behavior;
  • Broke into and entered the petitioner’s residence;
  • Damaged the petitioner’s property;
  • Stole property from the petitioner;
  • Took pictures of the petitioner without permission;
  • Continually attended public events where the petitioner could be found as a way to harass petitioner; or
  • Committed other acts that caused harm to the petitioner.
If you are granted a temporary restraining order, which can later become a preliminary injunction and then a permanent injunction, you may be granted the following protections:
  • The respondent does not threaten, harm, alarm or annoy you or your immediate family and household members;
  • The respondent stays at least a certain number of yards away from you, your residence, your workplace, the workplace of your household members and your child(ren)'s school;
  • The respondent does not contact you or your family members in any way, including phone, text, email, Facebook, etc.;
  • The respondent does not block you or your immediate family or household members in public places or roads; and
  • Other relief to keep you safe.
The above information comes from the Twelfth Judicial District Court's website.  For more information, please talk to a lawyer.  For legal referrals, go to our NM Finding a Lawyer page.

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