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Legal Statutes: New Mexico

UPDATED April 28, 2016

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Article 13. Family Violence Protection

back to top40-13-2 Definitions

 As used in the Family Violence Protection Act:

A. “continuing personal relationship” means a dating or intimate relationship;

B. “co-parents” means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

C. “court” means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;

D. “domestic abuse”:

(1) means an incident of stalking or sexual assault whether committed by a household member or not;

(2) means an incident by a household member against another household member consisting of or resulting in:

(a) physical harm;

(b) severe emotional distress;

(c) bodily injury or assault;

(d) a threat causing imminent fear of bodily injury by any household member;

(e) criminal trespass;

(f) criminal damage to property;

(g) repeatedly driving by a residence or work place;

(h) telephone harassment;

(i) harassment; or

(j) harm or threatened harm to children as set forth in this paragraph; and

(3) does not mean the use of force in self-defense or the defense of another;

E. “household member” means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;

F. “mutual order of protection” means an order of protection that includes provisions that protect both parties;

G. “order of protection” means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;

H. “protected party” means a person protected by an order of protection; and

I. “restrained party” means a person who is restrained by an order of protection.
L. 1987, Ch. 286, § 2; L. 1993, Ch. 109, § 1; L. 1995, Ch. 23, § 3, eff. June 16, 1995; L. 2008, Ch. 40, § 2, eff. July 1, 2008; L. 2010, Ch. 85, § 2, eff. July 1, 2010.