New Mexico Protection Orders – State Overview
General explanation of New Mexico’s protection order procedures.
New Mexico Protection Order
Filing Overview
In New Mexico, individuals seeking protection from abuse, harassment, stalking, or threats can file a Protection Order with the district court in the county where they reside or where the abusive conduct occurred. The process begins by submitting a petition, which describes the abuse and requests specific protections. There is no filing fee for protection orders related to domestic violence or sexual assault.
Temporary Protections
When a petition is filed, the court may issue a Temporary Protection Order (TPO) ex parte—without the respondent present—if there is immediate danger. This TPO offers emergency measures such as prohibiting contact, ordering the respondent to vacate a shared residence, or restricting access to firearms. The TPO remains in effect until the full hearing is held, typically within 15 days of issuance.
Hearing Procedures
A full court hearing is scheduled to evaluate evidence from both parties regarding the need for continued protections. Both petitioner and respondent can present testimony, witnesses, and evidence. The court then decides whether to grant a final Protection Order, which can last up to one year and be renewed if necessary. The petitioner should attend the hearing prepared and may consider legal representation or utilize court advocates.
Enforcement Notes
Protection Orders issued in New Mexico are enforceable statewide and must be respected by law enforcement. Violations of any terms, such as contacting the protected person or violating stay-away provisions, can result in arrest and criminal charges. It is important to carry a copy of the order and notify local police stations if protection is needed. For additional support and resources related to safety and legal processes, survivors can visit dv.support.