Violating an Order of Protection
Section 40-13-6 — a misdemeanor, and at least seventy-two hours in jail on a second conviction
A peace officer may arrest without a warrant a restrained party the officer has probable cause to believe violated an order of protection.
Who handles this in New Mexico: New Mexico Coalition Against Domestic Violence and Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
Violating an order of protection is a misdemeanor. On a second or later conviction the offender is sentenced to at least seventy-two consecutive hours in jail, not suspended or deferred.
The court also orders full restitution to the person injured and a program of professional counseling at the offender's expense if possible, and officers file every other criminal charge the incident supports.
Sources for this section (1)
- 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.