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Legal Information: New Mexico

Restraining Orders

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Updated: 
February 28, 2020

What is the legal definition of domestic abuse in New Mexico?

This section defines domestic violence for the purposes of getting a protection order in New Mexico. Domestic abuse is defined as:

  • an incident of stalking or sexual assault whether committed by a household member or by anyone else; or
  • an incident committed by a household member against another household member that involves:
    • physical harm;
    • severe emotional distress
    • a threat causing imminent fear of bodily injury by any household member;
    • criminal damage to property;
    • repeatedly driving by a residence or work place;
    • telephone harassment;
    • harassment;
    • strangulation;
    • suffocation; or
    • harm or threatened harm to children as set forth in this paragraph.1

Note: If someone uses force to defend him/herself (self-defense) or to defend another person, that is not considered domestic abuse.1

1 N.M.S.A. § 40-13-2(D)