Restraining Orders

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)