New Mexico Domestic Violence Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Violent acts committed between family or household members pose a unique threat to society. To deter these violent acts, states implement domestic violence laws. In New Mexico, domestic violence is criminalized in the Crimes Against Household Members Act. This act makes it illegal to commit an assault or battery against a household member. "Household members" in New Mexico don't need to cohabitate together, but they do need to have one of the following relationships:
- Spouse or former spouse
- Parent
- Present or former stepparent
- Present or former parent in-law
- Grandparent
- Grandparent-in-law
- Co-parent of a child or a person with whom a person has a dating or intimate relationship
The following charts provide a brief overview of New Mexico's domestic violence laws.
Code Section |
New Mexico Code section 30-3-12: Assault Against a Household Member |
What's Prohibited? |
|
Definition of Battery |
Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. |
Penalties |
Petty misdemeanor. |
Aggravated Assault
|
If any of the following aggravating circumstances are present then the penalty for the domestic violence will be increased:
|
Code Section |
New Mexico Code section 30-3-15: Battery Against a Household Member |
What's Prohibited? |
The unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent, or angry manner. |
Penalties |
Misdemeanor. Offenders are required to complete a domestic violence offender treatment or intervention program. |
Protective Orders
Domestic violence survivors can help deter future abuse by filing for a protective order. A protective order (also referred to as a restraining order) can't stop stalking or abuse, but does allow the victim to have the abuser arrested if the order is violated. Protective orders in New Mexico can include any of the following:
- Grant the protected party possession of the shared residence for a temporary period
- Award temporary custody of children involved to the protected party
- Order the restrained party not to contact the protected party
- Restrain a party from disposing of the protected party's property
- Order the restrained party to reimburse the protected party for expenses reasonably related to the domestic abuse
- Order the restrained party to participate in counseling, and/or
- Order other injunctive relief as the court deems necessary
Additional Resources
State laws change frequently. For case specific information regarding New Mexico's domestic violence laws contact a local criminal defense lawyer.
If you or someone you know has been the victim of domestic violence there is help available to you. During an emergency call 911 and when you're safe contact the New Mexico Coalition Against Domestic Violence.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.