How to Get an Order of Protection in New Mexico

Restraining Order Overview

Anyone experiencing domestic violence, abuse, harassment, stalking, or threats from a partner, family member, or household member may apply for a restraining order. This includes spouses, former spouses, dating partners, or close relatives.

Filing, Temporary Orders, Service, and Hearing

Applicants file a petition with the court to request protection. A temporary order may be granted immediately without the respondent present to provide urgent relief. The respondent must be formally served with the order and petition, ensuring they receive proper notice. A court hearing is then scheduled where both parties can present evidence before a final order is issued.

Relief Survivors Can Request

Survivors can request various protections including no contact or communication, residence exclusion, child custody and visitation restrictions, and orders to stay away from certain places. The court can also order financial support and counseling referrals as part of the relief.

Duration of Protection

Typically, restraining orders last from several months to multiple years depending on the case and jurisdiction. Temporary orders often last until the court hearing, after which the judge may grant longer-term protection up to several years with possible renewal options.

For additional guidance and local support resources, visit DV Support.