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Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: New Mexico

Restraining Orders

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Updated: 
February 28, 2020

What protections can I get in a protection order?

An emergency ex parte order of protection, which can be issued at the request of law enforcement, can do any of the following:

  • forbid the abuser from engaging in further acts of abuse, or from threatening to commit acts of abuse, against you or any of your household members;
  • forbid the abuser from contacting you in any way; and
  • grant you temporary custody your children.1

A temporary protection order can:

  • forbid the abuser from abusing you your household members;
  • forbid the abuser from contacting you in any way (except through your lawyer if you have one);
  • order the abuser to stay away from you, your home, school and work;
  • grant you temporary custody your children (and order the abuser to have no contact with them or arrange for a way for the children to be in contact with the abuser);
  • order both you and the petitioner to not remove your children from the state or disenroll them from school while the temporary order is in effect;
  • award child support and temporary support for you when appropriate; and
  • order the abuser to leave the home and surrender keys to the home to law enforcement or allow law enforcement to accompany you to get your belongings if you are leaving the home.2

A permanent protection order can:

  • forbid the abuser from engaging in further acts of abuse, or from threatening to commit acts of abuse;
  • forbid the abuser from contacting you in any way;
  • order the abuser to let you retrieve your belongings from a home you share with him/her;
  • award you temporary custody of any children involved and determine visitation rights, child support and temporary support for you when appropriate;
  • forbid the abuser from hiding, giving away or throwing away your belongings;
  • order the abuser to pay for any expenses related to the domestic abuse including medical, counseling, replacement or repair of your damaged property, lost wages, and the cost of temporary shelter;
  • order the abuser to attend counseling sessions (and the court may also order you to attend counseling for victims);
  • evict the abuser from a residence you share with him/her or order the abuser to provide a temporary residence for you; and
  • order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms.3

Whether a judge orders any or all of the above depends on the facts of your case.

If your protection order evicts the abuser from the residence you share with him/her, you can ask a local law enforcement officer to help put you in possession of the residence or carry out any other item granted in your protection order.4

1 N.M.S.A. § 40-13-3.2(C)​
2 See New Mexico Courts website, temporary order of protection form
3 N.M.S.A. § ​40-13-5(A)
4 N.M.S.A. § 40-13-7