Restraining Orders

In the Second Judicial District Court of New Mexico, 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. According to the application on the court’s website, it appears that you can apply for an order against:

1. your spouse or ex-spouse
2. your boyfriend/girlfriend or ex-boyfriend/girlfriend
3. the other parent of your child
4. your family member
5. someone who is married to or involved with your spouse or ex-spouse
6. someone who is married to or involved with the other parent of your child
7. your neighbor
8. your co-worker or
9. another person.¹

Note: Even though the application for a civil restraining order specifically includes the above relationships, the Second Judicial District Court’s website has conflicting information. The Court’s website says: “You may request a Civil Harassment Restraining Order against people who are not close to you. Petitions for a restraining order are filed in Civil Court if a domestic relationship does not exist between the victim and abuser such as roommates, neighbors, co-workers, or non-immediate family members. This type of order is not for people who have dated or who are closed related.”² Therefore, before applying for an order against anyone listed in numbers 1 - 4 above, you may want to confirm with the court clerk or with a lawyer ahead of time that you would qualify.

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

• the defendant does not threaten, harm, harass, 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 or contact you in any way;
• the defendant does not block you in public places or roads; and
• other relief to keep you safe.¹

The filing fee as of 2018 is $132 and must be in cash, money order, or cashier’s check payable to Clerk of District Court.³

You can read more information about the court hearing, how to serve the defendant, and more on the Application for Civil Restraining Order Instructions page in the Second Judicial District Court’s website. Please talk to a lawyer for legal advice or representation. For legal referrals, go to our NM Finding a Lawyer page.

¹ See Verified Application for Restraining Order, Second Judicial District Court’s website
²Second Judicial District Court’s website, Civil Restraining Order page
³Application for Civil Restraining Order Instructions, Second Judicial District Court’s website