New Mexico Protective Orders Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023

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Generally referred to as "restraining orders," protective orders are written orders from a judge or a court that require the person named in order to stay a specified distance away from the person seeking the protection. While protective orders are most commonly sought by abused spouses or exes, they can also be used to protect children and stalking victims.

While a protection order isn't a perfect deterrent to future harm, the orders can provide domestic violence victims and other victims of abuse with criminal recourse if an abuser violates an order. Additionally, federal protection order law requires New Mexico to honor and enforce valid protection orders issued by other states, and vice versa. Therefore a protective order remains in place even if the victim or the abuser moves to another state.

This is a basic overview of protective orders laws in New Mexico.

Protective Orders Laws in New Mexico

New Mexico's protective orders statutes are highlighted below. For additional articles and resources on this topic, you can visit FindLaw's section on Orders of Protection and Restraining Orders.

Code Section

§ 40-13-2 et seq. of the New Mexico Statutes

Activity Addressed by Order

Refrain from abusing the protected party or any other household member; if the order is issued pursuant to a credible threat to the physical safety of the household member, then the restrained must: deliver any firearm to a law enforcement agency, and refrain from purchasing or receiving any firearm while the order is in effect; grant sole possession of the residence or household to the protected party; award temporary custody of any children to the protected party; restrain a party from transferring, concealing, encumbering or otherwise disposing of the other party's property; order the restrained party to reimburse the protected party or any other household member for expenses reasonably related to the occurrence of domestic abuse, including medical expenses, counseling expenses, the expense of seeking temporary shelter, expenses for the replacement or repair of damaged property or the expense of lost wages; order the restrained party to participate in, at the restrained party's expense, including counseling programs for perpetrators of domestic abuse, alcohol abuse or abuse of controlled substances; and order other injunctive relief as the court deems necessary for the protection of a party

Duration of Order

Emergency: 72 hrs.; maximum: one year after a hearing (except those addressing custody, then the maximum is six months)

Penalty for a Violation of Order

Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: jail minimum 72 consecutive hours

Who May Apply for Order

Any victim of domestic abuse and any household member, meaning a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, 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; dating/intimate partners

Can Fees Be Waived?

Yes

Order Transmission to Law Enforcement

Copy to the local law enforcement agency

Civil Liability for Violation of Order

Yes, contempt of court

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Get Help with a Protective Order Today

If someone is hurting you or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.

Please contact a New Mexico domestic violence attorney for help.

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