Legal Information: New Mexico

Restraining Orders

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February 26, 2018

Am I eligible for a protection order?

The type of abuse that you have suffered will determine what type of relationship you must have with the abuser in order to be eligible for a protection order. 

If you are the victim of stalking or sexual assault, you can file for a protection order against anyone who stalked or sexually assaulted you, including a family or household member.* 

If you are the victim of any other sort of harm that is listed in What is the legal definition of domestic abuse in New Mexico?, then you can only get a protection order if the abuser is a "household member."*  The following people are considered household members under New Mexico law (which includes family members): 

  • spouse or former spouse,
  • parent, present or former stepparent, present or former parent in-law,
  • grandparent, grandparent-in-law,
  • child, stepchild, grandchild,
  • co-parent of a child; or
  • a person with whom you have had a "continuing personal relationship" (dating relationship).**

Note: You do not have to live with any of the above people - they can still be considered a "household member."**

* N.M.S.A. § 40-13-2(D)
** N.M.S.A. § 40-13-2(E)