Know the Laws: New Mexico
UPDATED August 11, 2009
If you are planning to move to NM or are going to be in NM for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State orders in NM
- Can I get my protection order enforced in New Mexico? What are the requirements?
- Can I have my protection order changed, extended, or canceled in NM?
- What can I do if the court that issued my order tells NM that my order has changed or is no good?
- I was granted temporary custody with my protection order. Will I still have temporary custody of my children in NM?
- Registering your Out-of-State order in NM
General Rules for Out-of-State orders in NM
back to topCan I get my protection order enforced in New Mexico? What are the requirements?
Yes. Your protection order can be enforced in New Mexico 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); N.M.S.A § 40-13-6(E)
back to topCan I have my protection order changed, extended, or canceled in NM?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in New Mexico.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in New Mexico, you may be able to get a new one issued in New Mexico. But this may be difficult to do if no new incidences of abuse have occurred in New Mexico. To find out more information on how to get a protection order in New Mexico, visit our How to Get a Protection order page.
back to topWhat can I do if the court that issued my order tells NM that my order has changed or is no good?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in New Mexico cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in NM. You will find information on legal assistance and domestic violence organizations in NM on the NM Where to Find Help page.back to topI was granted temporary custody with my protection order. Will I still have temporary custody of my children in NM?
Yes. As long as the child custody provision complies with the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and is consistent with the Parental Kidnapping Prevention Act of 1980, NM can enforce a temporary custody order that is a part of a protection order.
Please see our Custody Info and Kidnapping Info page for more information on the UCCJA and UCCJEA, and to read more about taking your children out of state.