Chapter 40, Article 13 NMSA 1978 may be cited as the “Family Violence Protection Act”. History: Laws 1987, ch. 286, § 1; 1999, ch. 142, § 1. ANNOTATIONS The 1999 amendment, effective July 1, 1999, substituted “Chapter 40, Article 13 NMSA 1978” for “this act”. Law reviews. — For comment, “District Court Review of Judicial […]
The legislature finds that domestic abuse incidents are complex and require special training on the part of law enforcement officers to respond appropriately to domestic abuse incidents. The state of New Mexico discourages dual arrests of persons involved in incidents of domestic abuse. A law enforcement officer, in making arrests for domestic abuse, shall seek […]
A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act: (1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection; (2) if deemed necessary, interview petitioners. Any interview shall be on the record; (3) conduct hearings […]
History: Laws 2007, ch. 131, § 1; repealed by Laws 2018, ch. 40, § 10. ANNOTATIONS Repeals. — Laws 2018, ch. 40, § 10 repealed 40-13-11 NMSA 1978, as enacted by Laws 2007, ch. 131, § 1, relating to substitute address, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 […]
A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home-rule municipality, shall not make available publicly on the internet any information that would likely reveal the identity or location of the party protected under an order of protection. A state […]
A. After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party’s immediate possession or control or subject to the restrained party’s possession or control in a safe manner […]
As used in the Family Violence Protection Act: A. “continuing personal relationship” means a dating or intimate relationship; B. “co-parents” means persons who have a child in common, regardless of whether they have been married or have lived together at any time; C. “court” means the district court of the judicial district where an alleged […]
A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection. B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse. C. The petition shall state whether any other domestic […]
A. An alleged victim of domestic abuse shall not be required to bear the cost of: (1) the prosecution of a misdemeanor or felony offense arising out of an incident of domestic abuse, including costs associated with filing a criminal charge against the alleged perpetrator of the abuse; (2) the filing, issuance or service of […]
A. The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via facsimile and files a sworn written statement, setting forth the need for an emergency order of protection, and the court finds reasonable grounds to believe that […]
A. Upon the filing of a petition for order of protection, the court shall: (1) immediately grant an ex parte temporary order of protection without bond if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe that an act of domestic […]
A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to: (1) refrain from abusing the protected party or any other household member; and (2) if the order is issued pursuant to this section and if the court also […]
A. In the sentencing proceeding for a person convicted of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court’s jurisdiction over the person. B. At any time after the […]
A. An order of protection granted under the Family Violence Protection Act shall be filed with the clerk of the court, and a copy shall be sent by the clerk to the local law enforcement agency. The order shall be personally served upon the restrained party, unless the restrained party or the restrained party’s attorney […]
A. A person who allegedly has been a victim of domestic abuse may request the assistance of a local law enforcement agency. B. A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including: (1) advising […]
A. When medical personnel who are interviewing, examining, attending or treating a person: (1) receive a report from the person of an act of domestic abuse, the medical personnel shall document the nature of the abuse and the name of the alleged perpetrator of the abuse in the person’s medical file and shall provide the […]
History: Laws 1992, ch. 107, § 1; repealed Laws 2005, ch. 30, § 3. ANNOTATIONS Repeals. — Laws 2005, ch. 30, § 3 repealed 40-13-8 NMSA 1978, as enacted by Laws 1992, ch. 107, § 1, relating to a domestic violence pilot program, effective July 1, 2005. For provisions of former section, see the 2004 […]
A. A domestic violence special commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned. B. A domestic violence special commissioner shall: (1) be an attorney licensed to practice law in New Mexico; (2) have a minimum of three years experience […]
