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EspañolCan I get a criminal order of protection?
If the abuser is convicted of criminal sexual penetration, the prosecutor can ask the judge to issue an order of protection to protect you for the entire time that the abuser is under the criminal court’s power (jurisdiction).1 You may want to speak to the prosecutor who handles the criminal case if you want them to make this request. Keep in mind that ultimately it is up to them to decide whether or not to do so. You may also want to talk to the prosecutor or a criminal lawyer if you are not sure how long this type of order will last and whether it includes the time when the abuser is on parole. See our Finding a Lawyer page for lawyers near you.
1 N.M. Stat. § 40-13-5.1(A)
Can a criminal order of protection be extended?
The statute doesn’t provide a mechanism to extend this order through the criminal court. However, after your criminal order of protection expires, you can file a new petition for a civil order of protection. You can use the abuser’s conviction for criminal sexual penetration as the basis for your request. You can ask for this civil order of protection even if the conviction is in another state, as long as it is for the same type of crime.1 The judge will be able to use the facts of the criminal case, and you will not have to appear to present evidence to the court as you normally would in a civil order of protection case. Someone else can appear for you if you prefer.2
The judge can make this order last for any length of time, including for your entire life.3 This is true even if the order includes custody or support, which normally would be limited to six months.4 For more information, see What types of protection orders are available? How long do they last?
1 N.M. Stat. § 40-13-5.1(B)
2 N.M. Stat. § 40-13-5.1(C)
3 N.M. Stat. § 40-13-5.1(D)
4 N.M. Stat. § 40-13-5.1(E)
