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Legal Information: New Mexico

Restraining Orders

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Updated: 
February 28, 2020

How do I get my DVPO enforced in another state?

Federal law does not require you to take any special steps to get your DVPO to be enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid DVPO is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my DVPO enforced in another state?

In some states, you will need a certified copy of your DVPO. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In New Mexico, a certified order has a stamp on the first page that says “Certified.”

The copy you originally received was most likely not a certified copy. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. It should be free to get a certified copy.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your DVPO enforced in another state.

However, you may want to get help from a local domestic violence advocate or lawyer in the state that you move to.  A domestic violence advocate or lawyer can let you know what the advantages and disadvantages are for registering your DVPO, and help you through the process if you decide to do so.

To find a domestic violence advocate or an a lawyer in the state you are moving to, select your state from the Places that Help tab on the top of this page and click Finding a Lawyer and Advocates and Shelters.

Do I need to tell the Court in NM if I move?

Although the NM court does not require you to tell them if you move, it may be a good idea.