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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.

  • NMSA 1978, § 40-13-6
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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.

  • NMSA 1978, § 40-13-6

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.

  • NMSA 1978, § 40-13-6
Sources for this section (1)
  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.

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