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New Mexico Legal Group Attorneys

New Mexico Restraining Order Lawyer

As used in the Family Violence Protection Act:
A. “co-parents” means persons who have a child in common, regardless of whether they have been married or have lived together at any time;
B. “court” means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;
C. “domestic abuse”:
(1) means an incident of stalking or sexual assault whether committed by a household member or not;
(2) means an incident by a household member against another household member consisting of or resulting in:
(a) physical harm;
(b) severe emotional distress;
(c) bodily injury or assault;
(d) a threat causing imminent fear of bodily injury by any household member;
(e) criminal trespass;
(f) criminal damage to property;
(g) repeatedly driving by a residence or work place;
(h) telephone harassment;
(i) harassment; or
(j) harm or threatened harm to children as set forth in this paragraph; and
(3) does not mean the use of force in self-defense or the defense of another;
D. “household member” means a spouse; former spouse; family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child; or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;
E. “mutual order of protection” means an order of protection that includes provisions that protect both parties;
F. “order of protection” means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;
G. “protected party” means a person protected by an order of protection; and
H. “restrained party” means a person who is restrained by an order of protection.

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Frequently Asked Questions

When do protection orders begin and expire?
When a Domestic Violence Order of Protection, sometimes called a DV Restraining Order, case begins the court will generally issue a temporary order of protection. These temporary orders usually start the day a Petition for Order of Protection is filed until the date of the hearing. Once the court determines that an act of domestic violence has occurred that warrants the entry of an Order of Protection, the court will issue the order. Once a Domestic Violence Order of Protection is entered, they expire on a certain date, often six months or a year. An Order of Protection can be dismissed by the protected party, but it requires filing specific paperwork with the court. A restrained party can petition the court to modify or dismiss an Order of Protection in certain cases, but this can be a complex decision, so it is recommended to consult with an attorney first.

Are restraining orders public record in New Mexico?
Yes, in the state of New Mexico most court orders are public record.

Contact Us

Email: info@newmexicolegalgroup.com

(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303

Rio Rancho Office
4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 247-4529

Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100

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