Crimes Against a Household Member
Section 30-3-15 — battery against a household member is a misdemeanor, with a treatment program on conviction
Under the Crimes Against Household Members Act, a household member is a spouse or former spouse, a parent, a present or former stepparent or parent in law, a grandparent or grandparent in law, a co-parent of a child, or a person with whom one has had a dating or intimate relationship. Living together is not needed.
Who handles this in New Mexico: Enlace Comunitario and New Mexico Coalition Against Domestic Violence; and legal aid programs and the state offices, listed in the New Mexico directory.
| Offense | Level |
|---|---|
| OffenseAssault against a household member | LevelPetty misdemeanor |
| OffenseBattery against a household member | LevelMisdemeanor |
| OffenseAggravated battery against a household member, an injury not likely to cause death or great bodily harm | LevelMisdemeanor |
| OffenseAggravated battery against a household member with great bodily harm, a deadly weapon, strangulation or suffocation | LevelThird degree felony |
A conviction for battery against a household member, or for the misdemeanor aggravated battery, requires completing a domestic violence offender treatment or intervention program approved by the children, youth and families department. Where the sentence is suspended or deferred, probation may run past 364 days but not past two years.
At the scene of a domestic disturbance, an officer may arrest without a warrant on probable cause that a person committed an assault or battery on a household member.
Sources for this section (5)
- NMSA 1978, § 30-3-11 — Definitions
- NMSA 1978, § 30-3-12 — Assault against a household member
- NMSA 1978, § 30-3-15 — Battery against a household member
- NMSA 1978, § 30-3-16 — Aggravated battery against a household member
- NMSA 1978, § 31-1-7 — Arrest without warrant; liability
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.