WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: New Mexico

Restraining Orders

View all
Laws current as of
May 16, 2024

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)