Dealing with domestic violence or harassment can make you feel scared, stressed, and alone. You may feel you need legal protection but are unsure where to start.
This guide will walk you through getting a restraining order in New Mexico, from understanding your options to filing the paperwork.
What Exactly Are Restraining Orders?
A restraining order is a court order that prohibits someone from contacting, approaching, or abusing you. It orders them to stay away and leave you alone.
Restraining Orders give police the legal power to enforce your protection. A restrained person that violates the order can be arrested and charged criminally. A restraining order can prevent further harassment or abuse.
New Mexico has two main types of restraining orders. The restraining orders are as follows:
- Domestic Violence Protection Orders - These protect against abuse by a spouse, ex-spouse, intimate partner, family member, or someone you live with. Protection orders specifically address domestic violence situations.
- Civil Restraining Orders - Civil restraining orders protect against non-domestic harassment, stalking, or threats. You can get one against a neighbor, co-worker, acquaintance, or stranger. The process differs somewhat for civil orders.
This guide focuses specifically on domestic violence protection orders. If you're experiencing domestic abuse, these orders can provide critical legal shielding.
When Can You Request a Protection Order?
There are three different kinds of protection orders in New Mexico. Each has different procedures to obtain it.
Emergency Protection Orders
Police can request emergency protection orders on your behalf. To get an emergency order:
- Call the police during or right after a domestic violence incident and explain the situation.
- If police see evidence of abuse, they can submit a request for an emergency order.
- A judge will review the request. They'll approve an emergency order if they feel you're in immediate danger without protection.
- The order goes into effect as soon as the judge signs it. This restraining order provides immediate emergency protection.
The significant advantage of emergency orders is quick action. You don't have to wait days or weeks for protection. The order takes effect almost instantly once approved.
Emergency orders also don't require advance notice to the abuser. The judge can issue one without even letting them know. That prevents potential retaliation while you pursue more lasting protection.
The downside is that emergency orders expire quickly - usually within 5-10 days. They provide only very short-term protection. However, an emergency restraining order can buy critical time while you apply for longer-term restraining orders through the court.
Temporary Protection Orders (TPOs)
Temporary protection orders also offer short-term protection. However, with TPOs, you directly request the order rather than have the police do it on your behalf.
Here's how to get a temporary protection order:
- Go to your local district court office and get the application forms.
- Fill out the application and affidavit - list specific examples and evidence of abuse. Provide as much detail and documentation as possible.
- File your petition with the court clerk.
- A judge will review your petition and decide. If they feel abuse has likely occurred, they'll approve a TPO.
- The court will set a date for a hearing on a permanent order. The hearing must happen within ten days of approving the TPO.
The advantage of TPOs is you don't need a specific recent incident for police to request one. You can directly seek protection through the court at any time.
TPOs take 1-2 days to obtain once you submit your application. So, they offer quicker protection than waiting weeks for a permanent order hearing.
The trade-off is that the abuser is legally notified once a TPO is approved. And it's only temporary until your court hearing for long-term protection.
However, a TPO still provides crucial legal protection during that waiting period before your permanent order hearing.
Permanent Protection Orders
Permanent orders provide long-term protection for months or even years. However, they require a more legal process to obtain it.
Here's how to get a permanent protection order:
- Request a TPO first (see above). Requesting a TOP starts the legal process.
- The judge will schedule a hearing date on your TPO petition - within ten days.
- Both you and the abuser get to testify and present evidence at the hearing.
- If the judge decides abuse occurred and you reasonably fear future abuse, they'll approve a permanent order.
- The order can last up to one year initially. Judges can renew permanent orders multiple times if you petition for an extension.
The advantage of permanent orders is the long duration. You can get protection lasting months or years.
The trade-off is the legal process takes much longer. You'll likely need an attorney's help preparing your case, too.
But permanent orders are vital for long-term protection from abuse. All abuse victims should seek one, with police and legal support.
What Legal Protection Does a Restraining Order Provide?
Depending on your situation, restraining orders can offer various forms of legal protection.
Emergency Protection Orders
Emergency orders issued at a police officer's request can:
- An emergency protection order can assisit to keep you and your loved ones safe. It tells the abuser they have to leave you completely alone - no contacting you, harassing you, or even coming near you, your children, or anyone else in your home.
- The order also says the abuser cannot hurt you or your family anymore, physically or emotionally. The order mandates no more hitting, no more hurtful words, no more manipulating or trying to control you. They have to stop the abuse entirely.
- Temporarily award custody of any children to you, the petitioner. This order suspends the abuser's custody rights.
So, emergency orders provide immediate, short-term protection. Most importantly, they create an enforceable legal barrier the abuser can't cross without facing arrest and criminal charges.
Temporary Protection Orders
Temporary orders that you request directly through the court can prohibit the abuser from:
- Physically abusing you or other household members.
- Contacting you at all, either directly or indirectly through third parties.
- Approaching your home, workplace, school, or other locations you frequent.
- Communicating with you in any way except through attorneys regarding legal proceedings.
TPOs can also:
- Temporarily award you custody of children and suspend the abuser's custody and visitation rights.
- Require the abuser to provide financial assistance for you and any children.
- Order neither party to remove minor children from their current school or the issuing court's jurisdiction.
So, TPOs quickly create enforceable legal protection, even though they expire after ten days pending a permanent order hearing.
Permanent Protection Orders
Finally, permanent orders provide the longest-lasting protection. Permanent orders can prohibit the abuser from:
- Assaulting, threatening, abusing, harassing, or stalking you, your children, or any household members.
- Approaching you, your home, workplace, school, or other locations you frequent.
- Contacting you in any way, directly or indirectly.
They can also comprehensively:
- Award you exclusive use of your shared residence, evicting the abuser.
- Order the abuser to stay away from your entire neighborhood, not just specific locations.
- Award you custody of children, set visitation terms, and order child support payments.
- Require the abuser to attend counseling or therapy sessions.
- Mandates the abuser surrender all firearms and prohibit new firearm purchases.
- Order the abuser to pay for any medical bills, property losses, attorney fees, or other costs stemming from the abuse.
- Order any other injunctive relief the court finds necessary to protect you and any children.
Permanent orders generally allow the most complete protection, lasting 1-2 years. Permanent orders can be renewed repeatedly to maintain protection as long as reasonably necessary.
Step-by-Step Guide to Getting a Protection Order in New Mexico
Below, we'll explore the step-by-step process for getting each type of protection order in New Mexico.
How to Get an Emergency Protection Order
First, police initiate emergency orders. Here is the overall process:
- Call the police during or immediately after a domestic violence incident.Explain to them you fear further abuse absent immediate intervention. Provide details about the severity of the incident. Request their help getting an emergency protection order.
- Police will evaluate the situation.If they have probable cause to believe abuse occurred, they will submit a request for an emergency protection order to the on-call judge.
- The judge will review the request.If they agree you may suffer further abuse without immediate protection, they will approve the emergency order.
- Once approved, the order goes into effect immediately.Police will serve it on the abuser. It prohibits contact while giving you time to apply for a permanent order through the courts.
- The emergency order lasts only 5-10 dayson average. You must petition the court for a permanent order of protection within that time.
FAQs
How much does getting a restraining order cost?
There are no filing fees associated with protection order petitions in New Mexico. The process does not require an attorney, but legal help is advisable. If you cannot afford a lawyer, contact domestic violence resources for possible pro bono assistance.
What if I do not speak English fluently?
The courts provide interpreters free of charge if needed. Let the court administrator know your primary language. The court will arrange for an official interpreter to assist you. Relying on a friend or family member is not recommended.
Can I request the restraining order to cover my pets, too?
While you cannot get a protection order for a pet directly, you can request that it prohibit threats, abuse, or removal of pets in your household. This protective order would prevent your family pet from being used to manipulate or coerce you.
What do I do after the order expires?
If you still reasonably fear for your safety after an order expires, you can petition the court for an extension or a new permanent order. Be prepared to show documented evidence that the threat still exists before the court extends protections.
Disclaimer: The information provided on this blog is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are complex and subject to change. As such, it is imperative to consult with a licensed attorney regarding your specific legal situation. No action should be taken in reliance on the information contained on this blog.
