Know the Laws: New Mexico
UPDATED August 11, 2009
If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.
- General Rules
- Getting Your Protection Order Enforced in Another State
- Enforcing custody provisions in another state
General Rules
back to topCan I get my Domestic Violence Protection Order from New Mexico enforced in another state?
Yes. If you have a valid New Mexico DVPO that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid DVPOs granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories.* See How do I know if my DVPO is good under federal law? to find out if your DVPO qualifies.
Each state must enforce out-of-state DVPOs in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state DVPO, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit."* 18 U.S.C. §2265; N.M.S.A. § 40-13-6(E)
back to topHow do I know if my DVPO is good under federal law?
A DVPO is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b
back to topI have an Emergency or Temporary Ex-parte order. Can it be enforced in another state?
Yes. Temporary orders can be enforced by other states, just like any regular DVPO, as long as the abuser has been served and will have the opportunity to have a court hearing set before your temporary order expires.
If you have an emergency order, this order is only good for 72 hours, or until the close of the next business day, whichever of those is later.* An emergency order will not be enforced in another state if the order does not meet federal requirements. This is different from a temporary order, which may be enforceable in another state. For more information on federal requirements, see How do I know if my DVPO is good under federal law?
Note: The state where you are going cannot extend your temporary order, or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).
*N.M.S.A. §40-13-3.2(E)