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Home » US Law » 2021 New Mexico Statutes » Chapter 40 - Domestic Affairs » Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders

Section 40-13A-1 – Short title.

Sections 1 through 9 [40-13A-1 to 40-13A-9 NMSA 1978] of this act may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act”. History: Laws 2013, ch. 47, § 1. ANNOTATIONS Effective dates. — Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act […]

Section 40-13A-2 – Definitions.

As used in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act: A. “foreign protection order” means a protection order issued by a tribunal of another state; B. “issuing state” means the state whose tribunal issues a protection order; C. “mutual foreign protection order” means a foreign protection order that includes provisions in favor […]

Section 40-13A-3 – Judicial enforcement of a foreign protection order.

A. A person may seek enforcement of a valid foreign protection order in a New Mexico tribunal. The tribunal shall enforce the terms of the order, including terms that provide relief that a New Mexico tribunal would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was […]

Section 40-13A-4 – Nonjudicial enforcement of foreign protection order.

A. A New Mexico law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a New Mexico tribunal. Presentation of a foreign protection order that identifies both the […]

Section 40-13A-5 – Registration of foreign protection order.

A. A person may register a foreign protection order in New Mexico. To register a foreign protection order, a person shall present to the clerk of the district court: (1) a copy of the foreign protection order that has been certified by the issuing tribunal; and (2) an affidavit by the protected individual stating that, […]

Section 40-13A-6 – Limits on internet publication.

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 regarding the registration of, filing of a petition for or issuance of a protection order, restraining order or injunction […]

Section 40-13A-7 – Other remedies.

A protected individual who pursues remedies under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act is not precluded from pursuing other legal or equitable remedies against the respondent. History: Laws 2013, ch. 47, § 7. ANNOTATIONS Effective dates. — Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic […]

Section 40-13A-8 – Uniformity of application and construction.

In applying and construing the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact that act. History: Laws 2013, ch. 47, § 8. ANNOTATIONS Effective dates. — Laws 2013, ch. 47, […]

Section 40-13A-9 – Transitional provision.

The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act applies to protection orders issued before July 1, 2013 and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2013. A request for enforcement of a foreign protection order made on or after July 1, 2013 for violations of a foreign […]