New Mexico Domestic Violence Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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
- Present or former stepparent
- Present or former parent 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.
|New Mexico Code section 30-3-12: Assault Against a Household Member
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.
|If any of the following aggravating circumstances are present then the penalty for the domestic violence will be increased:
|New Mexico Code section 30-3-15: Battery Against a Household Member
|The unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent, or angry manner.
Offenders are required to complete a domestic violence offender treatment or intervention program.
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
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.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.