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Legal Information: New Mexico

Restraining Orders

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Laws current as of April 16, 2026

Can 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)

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