An Order of Protection
Section 40-13-4 — a temporary order on probable cause, and a hearing within ten days
A victim of domestic abuse may petition the court for an order of protection under the Family Violence Protection Act, under oath or with a sworn affidavit of the specific facts. Standard simplified petition forms are available, and law enforcement agencies keep them for alleged victims who ask.
Who handles this in New Mexico: New Mexico Legal Aid, statewide intake and New Mexico Courts HelpLine; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
Domestic abuse includes stalking or sexual assault by anyone, and, between household members, physical harm, severe emotional distress, bodily injury or assault, threats causing imminent fear of bodily injury, criminal trespass, criminal damage, repeatedly driving by a home or workplace, harassment, telephone harassment, strangulation, suffocation and harm or threatened harm to children. Force in self defense is not domestic abuse.
| Step | As the act provides |
|---|---|
| StepOn filing, with probable cause from the facts shown | As the act providesA temporary order granted immediately, without bond, and served on the alleged perpetrator |
| StepHearing on continuing the order | As the act providesWithin ten days after the temporary order |
| StepIf no temporary order is granted | As the act providesA hearing within seventy-two hours of filing |
| StepAfter an incident, on an officer's sworn statement | As the act providesAn ex parte emergency order where a victim or child is in immediate danger |
An order requires the restrained party to refrain from abusing the protected party or any other household member, and, where the court finds a credible threat after notice and a hearing, to deliver any firearm to law enforcement or a licensed dealer and not obtain one while it is in effect.
Parts of an order involving custody or support last a fixed period of up to six months, which may be extended for good cause by up to six months more. Other orders continue until modified or rescinded. Service and filing cost the protected party nothing.
Sources for this section (6)
- NMSA 1978, § 40-13-2 — Definitions
- NMSA 1978, § 40-13-3 — Petition for order of protection; contents; standard forms
- NMSA 1978, § 40-13-3.2 — Ex parte emergency orders of protection
- NMSA 1978, § 40-13-4 — Temporary order of protection; hearing; dismissal
- NMSA 1978, § 40-13-5 — Order of protection; contents; remedies; title to property not affected; mutual order of protection
- NMSA 1978, § 40-13-6 — Service of order; duration; penalty; remedies not exclusive
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.