What is a Domestic Violence Order of Protection and how to get one

Restraining Orders and Domestic Violence Orders of Protection are different. This is not legal advice. Seek assistance and legal advice based upon your situation.

A Domestic Violence Order of Protection is a civil order that may be issued when a person files against a household member and there are acts or threatened acts of abuse. A household member does not have to be living in the same home. A person may also file against someone who is not a household member if the person is being stalked or was sexually assaulted.

How does an Order of Protection help me? An Order of Protection can restrain the abusing party from committing acts of domestic violence; can exclude the abusing party from your home, work, school or day care; can require “no contact” in person, by telephone, notes, letters, telegrams, pagers, e-mail of third party; provides other appropriate relief such as temporary custody of children and child support; and allows the police to arrest the abuser if there is a violation of the Order after it has been served on the abusing party.

Additional information can be found on the 2nd Judicial District website:

seconddistrictcourt.nmcourts.gov/home/courts/family-court/domestic-violence/

There are links to three videos on the website. The videos are very useful in understanding the process, particularly how to prepare. I have bulleted a couple of points below each video. Watch the entire video.

Domestic Violence Part 1 – Orders of Protection: What is Domestic Abuse as defined under the Family Protection Act? (approximately 14 minutes) See definition below.

• There is no filing fee.
• The Order of Protection can direct a person to stay away from you. It makes it a crime if they violate the Order.

Domestic Violence Part 2 – Orders of Protection: What Information is Needed to Request an Order of Protection? (approx. 19 minutes)

• If you file the petition, you are the Petitioner, the other person is the Respondent.
• Be complete and clear on the required paperwork to file a petition. Upon review, if probable cause is found, then a Temporary Order of Protection and an Order to appear is served.
• If an address for the Respondent is provided, the sheriff’s office will serve the Respondent with the notice.

Domestic Violence Part 3 – Orders of Protection: What is a 10-Day Hearing and how should you prepare for one if it is scheduled? (approximately 18 minutes)

• Individuals should review the Temporary Order closely for the date and time of the Hearing.
• Hearings are held in person or by video at the discretion of the Hearing Officer.
• Evidence is due 48 hours before the Hearing date.

FAMILY VIOLENCE PROTECTION ACT DEFINITIONS (NMSA 1978 40-13-2)

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 workplace; h. Telephone harassment; i. Harassment; j. Strangulation; k. Suffocation; or l. 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.

From the website: Per Supreme Court Order No. 20-8500-002, the Domestic Violence Division will accept filings by email or by fax from self-represented litigants to minimize the need for self-represented litigants to enter the courthouse to file a document in person. Filing by email or fax may also be permitted by attorneys in case-types that are not eligible for electronic filing through the File and Serve system. The email and fax number can be found on the website.

Sources: seconddistrictcourt.nmcourts.gov/home/courts/family-court/domestic-violence/ New Mexico Legal Aid