New Mexico Domestic Violence Laws

Crimes committed by family members and other loved ones carry a special designation. Domestic violence occurs when certain crimes occur between people considered household members. The state of New Mexico enacted the Family Violence Protection Act to protect victims of domestic abuse and punish their abusers.

What’s considered domestic violence varies between states, so understanding the interpretation under New Mexico law is vital. In this article, we’ll provide a clear definition of domestic violence in New Mexico, explain the required elements, and outline the protections and penalties.

New Mexico Domestic Violence Laws: How They Work

For an offense to be domestic violence, there are two required elements: the people involved and the criminal acts committed. Let’s examine each aspect.

Domestic Violence in New Mexico: People

Part of what makes domestic violence so toxic and heartbreaking is that it’s offenses between family members and other loved ones. The people you’re supposed to be able to love and trust are the ones doing the harm.

While domestic abuse offenders are referred to as household members, it’s not a requirement that the victim and the abuser share a dwelling. The following people and relationships qualify as household members under New Mexico domestic violence laws:

• Spouses
• Former spouses
• Parents
• Stepparents
• Former stepparents
• Parent-in-law
• Former parent-in-law
• Grandparents
• Grandparent-in-law
• Children
• Stepchildren
• Grandchildren
• Co-parents of a child
• People in a continuing personal relationship
• People who had a continuing personal relationship

A continuing personal relationship is a dating or an intimate relationship. Courts rule on a relationship’s validity on a case-by-case basis.

Domestic Violence in New Mexico: Criminal Acts

Domestic violence is based on control and power. Abusers gather and maintain control over victims through a cycle of threats, intimidation, coercion, and violence. This is easy to see through the types of crimes considered domestic abuse offenses.

New Mexico considers a broad range of criminal acts as domestic abuse. The following offenses are domestic violence if committed between household members:

• Assault
• Bodily injury
• Criminal damage to property
• Criminal trespass
• Harassment
• Harm or threatened harm to children
• Physical harm
• Repeatedly driving by a residence or workplace
• Severe emotional distress
• Sexual assault
• Stalking
• Strangulation
• Suffocation
• Telephone harassment
• Threats causing imminent fear of bodily injury

A criminal act that doesn’t meet the household member requirement for domestic violence is still a crime. Lacking a certain relationship doesn’t absolve the offender, but they won’t face domestic violence penalties as well.

New Mexico Domestic Violence Laws: Available Protections

If you’re in immediate threat of domestic violence, call 911. New Mexico has different types of orders of protection in place for victims of domestic violence. These can help them escape their abuser and lead to a safer life.

Orders of Protection

New Mexico Orders of Protection, also known as restraining orders, are court orders designed to offer relief to victims of domestic violence. Victims of sexual assault and stalking can also get an Order of Protection, regardless of the relationship involved. There are three different orders available in New Mexico.

Ex Parte Emergency Orders of Protection are requested by law enforcement officers. This occurs when the officer who responded to a domestic violence call feels further domestic abuse is possible. If a judge issues the emergency order, it goes into immediate effect. Because it’s ex parte, the court doesn’t need to speak with the abuser.

The emergency order will be served to the abuser by law enforcement. It offers the following types of relief to the victim:

• The abuser can’t abuse or threaten to abuse the victim or other household members
• The abuser can’t make any contact with the victim
• Temporary custody of any shared children is granted to the victim

An emergency order lasts for either 72 hours or until the victim files for further relief.

Victims (petitioners) file for a Temporary Ex Parte Order of Protection in family court. This can be done in person, by fax, or by email. Victims detail the domestic abuse suffered, and the court decides if the threat of violence still exists. An issued order takes immediate effect and will be served to the abuser (respondent). A case hearing will take place within 10 days.

Temporary Orders of Protection have conditions tailored to each case of domestic violence. They focus on keeping the victim safe and away from the abuser. The available provisions include:

• Forbidding the abuser from abusing you or your household members
• Forbidding the abuser from asking or causing anyone else to abuse you
• Forbidding the abuser from contacting you
• Ordering the abuser to stay away from you, your home, your school, and your workplace
• Granting you temporary custody of children and determining if and how the abuser can contact them
• Awarding child support and temporary support
• Ordering that the children be kept in the state and school for the duration of the order
• Ordering the abuser to leave a shared residence and to surrender keys, or allowing the victim to retrieve personal items (accompanied by law enforcement)
• Forbidding the abuser from posting of anything about you, your children, or your family members on social media
• Forbidding the abuser from disconnecting the utilities at your house
• Forbidding the abuser from selling or disposing of shared money or property (assets)

The case hearing is where the court decides whether a Permanent Order of Protection is necessary. Both sides can present evidence, call witnesses, and tell their version of what happened. An approved Permanent Order of Protection can have most of the same conditions as a temporary order. The following provisions are also available:

• Ordering the abuser to hand over any firearms in their possession to the authorities and forbidding them from buying firearms
• Ordering the abuser to attend counseling sessions
• Ordering you to attend victim support programs
• Ordering the abuser to pay for any expenses related to the domestic abuse
• Ordering the abuser to provide a temporary home for you (if you’re not given possession of a shared dwelling)

Permanent Orders of Protection have differing durations that depend on the conditions. If child custody and/or child support are involved, the order lasts for six months, with the possibility of a six-month extension. Otherwise, the duration is set by the court. A lifetime order is within the jurisdiction of the court.

Restraining orders are available in the Civil Court for acts that aren’t domestic violence. FindLaw’s New Mexico Protective Orders Laws article offers more information on the subject.

Address Protection – Safe at Home

The New Mexico Safe at Home program allows victims to keep their location hidden from their abusers. This is accomplished by providing them with a secondary address for public records and forwarding their first-class mail to their new home. After filing the application, participants are covered for up to three years without renewal.

New Mexico Domestic Violence Laws: Violations and Penalties

Committing an act of domestic violence often carries enhanced penalties. This is true with aggravated assault, battery charges, and stalking offenses against household members. The Crimes Against Household Members Act focuses on these transgressions. Punishments escalate from petty misdemeanors to felony crimes with repeated violations.

Any intentional violation of an Order of Protection in New Mexico is a misdemeanor for the first offense. Offenders face up to a year in jail and a fine of up to $1,000. A second violation carries a minimum of 72 hours in jail and the same caps.

Violators also face conviction for crimes committed in violation of the protective order. Domestic violence acts are often considered aggravated offenses.

New Mexico Domestic Violence Laws: Additional Resources

• New Mexico Coalition Against Domestic Violence
• New Mexico Court Domestic Violence Site
• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence FAQ
• Recognizing the Warning Signs of Abuse (NDVH)

Questions About Domestic Violence Laws in New Mexico? An Attorney Can Help

Nobody should have to be a victim of domestic violence offenses. If you feel threatened, call 911. When it’s time to escape a toxic situation, speak with a New Mexico family law attorney. They’ll know the state laws that can help you find a life away from your abuser.

If you’re facing criminal charges for domestic violence crimes, your entire future is in jeopardy. Contacting a New Mexico criminal defense lawyer experienced in handling domestic violence charges should be at the top of your list of things to do. Even if a deadly weapon is involved, their legal advice and expertise can lead you to the best outcome possible.