New Mexico Protective Orders Laws

Whether you met checking out art on Canyon Road in Santa Fe or the Aztec ruins in National Monument, the Land of Enchantment can be the perfect place to fall in love. Unfortunately, not every New Mexico romance lasts forever, and some end with violence or the threat of violence.

If this has happened to you, you might be wondering how to protect yourself or your family members. Fortunately, there are court orders, and laws to enforce them, that are designed to keep victims of abuse safe from harm. This is a basic overview of protective orders laws in New Mexico.

Protective Orders Laws

Generally referred to as "restraining orders," protective orders are written orders from a judge or a court that require the person named in the order to stay a specified distance away from the person seeking the protection. While protective orders are most commonly sought by abused spouses or exes, they can also be used to protect children and stalking victims.

Protective Orders Laws in New Mexico

New Mexico’s protective orders statutes are highlighted below.

Code Section

New Mexico Statutes 40-13-3, et seq.: Petition for Order of Protection;

New Mexico Statutes 40-13A-3, et seq.: Uniform Interstate Enforcement of Domestic Violence Protection Orders

Activity Addressed by Order

Enjoin contact; exclude from dwelling; regarding minors: visitation, support

Duration of Order

Emergency: 72 hrs.; maximum: 6 months, may be extended for 6 months

Penalty for a Violation of Order

Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hours

Who May Apply for Order

Any victim of domestic abuse

Can Fees Be Waived?

Yes

Order Transmission to Law Enforcement

Copy to local law enforcement agency

Civil Liability for Violation of Order

Yes, contempt of court

While a protection order isn’t a perfect deterrent to future harm, the orders can provide domestic violence victims and other victims of abuse with criminal recourse if an abuser violates an order. Additionally, federal protection order law requires New Mexico to honor and enforce valid protection orders issued by other states, and vice versa. Therefore a protective order remains in place even if the victim or the abuser moves to another state.

More Resources for New Mexico Protective Orders Laws

Obtaining and enforcing a protective order can be emotionally and legally daunting. For additional articles and resources on this topic you can visit FindLaw’s section on Orders of Protection and Restraining Orders. If you would like legal assistance with a domestic violence or protective order matter, you can consult with a New Mexico domestic violence attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.