Rule text
[Family Violence Protection Act, NMSA 1978, Sections 40-13-1 to 40-13-8.]
STATE OF NEW MEXICO COUNTY OF __________________ __________________ JUDICIAL DISTRICT
______________________________, Petitioner
v. No. ____________
______________________________, Respondent
TEMPORARY ORDER OF PROTECTION AND ORDER TO APPEAR
The court has reviewed the sworn petition alleging domestic abuse. The court having considered the petition, FINDS that the court has jurisdiction and that there is probable cause to believe that an act of domestic abuse has occurred. The court ORDERS:
[] 1. The respondent shall not write to, talk to, visit, or contact the petitioner in any way except through the petitioner's lawyer, if the petitioner has a lawyer. [] 2. The respondent shall not abuse the petitioner or the petitioner's household members in any way. "Abuse" means any incident by the respondent against the petitioner or the petitioner's household member resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threat causing imminent fear of bodily injury; (5) criminal trespass; (6) criminal damage to property; (7) repeatedly driving by a residence or work place; (8) telephone harassment; (9) stalking; (10) harassment; (11) harm or threatened harm to children in any manner set forth above. [] 3. The respondent shall not ask or cause other persons to abuse the petitioner or the petitioner's household members. [] 4. The respondent shall not go within __________ yards of the petitioner's home or school or work place. The respondent shall not go within __________ yards of the petitioner at all times except ________________________________________. If at a public place, such as a store, the respondent shall not go within __________ yards of the petitioner. [] 5. The respondent shall not post or cause another to post anything about the petitioner on any form of social media, including, but not limited to, Facebook, Twitter, Instagram, or Snapchat. This prohibition includes posts about the petitioner's family members, significant other, and children. [] 6. ______________________________ (first and last name of party) shall have temporary physical custody of the following child(ren): Child's Name Date of Birth __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ [] 7. With respect to the child(ren) named in the preceding paragraph, ____________________________ (first and last name of party) shall have: [] A. No contact with the child(ren) until further order of this court and shall stay __________ yards away from the child(ren)'s school. [] B. Contact with the child(ren), subject to: __________________________ ___________________________________________________________________. [] 8. Neither party shall remove the child(ren) named in Paragraph 6 from the state of New Mexico or disenroll the child(ren) from the child(ren)'s present school during the period of this temporary order of protection. [] 9. The court may decide temporary child and interim support at the hearing listed below. Both parties shall bring to the hearing proof of income in the form of the two latest pay stubs or the federal tax returns from the previous year, proof of work-related day-care costs, and proof of medical insurance costs for the child(ren). [] 10. [] [] A. The respondent is ordered to immediately leave the residence at ______________________________ and to not return until further court order. [] B. Law enforcement officers are hereby ordered to evict the respondent from the residence at ______________________________________. [] C. The respondent is ordered to surrender all keys to the residence to law enforcement officers. [] D. The respondent shall surrender access to all home security and video monitoring systems for the address listed above. The petitioner is permitted to restrict access to all home security and video monitoring systems for the home in which they reside. [] 11. Law enforcement officers or ___________________________________ shall accompany [ ] the respondent [ ] the petitioner to remove essential tools (as specified in No. 14), clothing, and personal belongings from the residence at ____________________________. [] 12. Neither party shall transfer, hide, add debt to, sell, or otherwise dispose of the other's property or the joint property of the parties except in the usual course of business or for the necessities of life. The parties shall account to the court for all changes to property made after the order is served or communicated to the party. Neither party shall disconnect or restrict access to the utilities of the other party's residence, internet, phone, or cell phone. [] 13. This order supersedes any inconsistent prior order in Cause No. __________________ and any other prior domestic relations order and domestic violence restraining orders between these two parties. [] 14. Other: ______________________________________________________________ [] 15. While this order of protection is in effect, the petitioner should refrain from any act that would cause the respondent to violate this order. This provision is not intended to and does not create a mutual order of protection. Under NMSA 1978, Section 40-13-6(D), only the restrained party can be arrested for violation of this order.
HEARING
IT IS FURTHER ORDERED that the parties shall appear in the ______________ Judicial District Court, Room ________, at ____________________, before ________, at ____________ (a.m.) (p.m.) on __________________ (date) for hearing on whether an extended order of protection against domestic abuse will be issued. Either party may bring witnesses or evidence and may be represented by counsel at this hearing. The respondent may file a Response to the Petition for Order of Protection from Domestic Abuse, see Form 4-962 NMRA, on or before the hearing. If the respondent fails to attend this hearing, an extended order may be entered by default against the respondent and a bench warrant may be issued for the respondent's arrest. If the petitioner willfully fails to appear at this hearing, the petition may be dismissed. This order remains in force until ________________________, __________________________.
If an order of protection is entered, the restrained party is prohibited from receiving, transporting, or possessing a firearm or destructive device while the order of protection is in place. If at the hearing the court finds that the restrained party presents a credible threat to the physical safety of the protected party, the court shall order the restrained party (a) to immediately deliver any firearm in the restrained party's possession, care, custody, or control to a law enforcement agency, law enforcement officer, or federal firearms licensee while the order of protection is in effect, and (b) to refrain from purchasing, receiving, or possessing, or attempting to purchase, receive, or possess any firearm while the order of protection is in effect.
DO NOT BRING ANY CHILDREN TO THE HEARING WITHOUT PRIOR PERMISSION OF THE COURT.
ENFORCEMENT OF ORDER If the restrained party violates any part of this order, the restrained party may be charged with a crime, arrested, held in contempt of court, fined, or jailed.
SERVICE AND NOTICE TO LAW ENFORCEMENT AGENCIES
Upon the signing of this order by a district court judge, a law enforcement officer shall serve on the respondent a copy of this order and a copy of the petition.
A LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER.
[] I have reviewed the petition for order of protection and made recommendations to the district judge regarding its disposition.
______________________________ ___________________________ (Signed) Court telephone number ______________________________ (Title)
SO ORDERED:
________________________________ ___________________________ District Judge Date and time approved
USE NOTES
1. The temporary order of protection and order to appear requires a proof of return of service. The committee has been informed that each local law enforcement agency has its own return of service form, which will be used for this purpose.
2. Personal service of the temporary order of protection and order to appear will assure that the temporary order is fully enforceable. It is possible that actual notice to the respondent of the content of the temporary order will also suffice to bind the respondent to comply with the order. Territory of New Mexico v. Clancy, 1894-NMSC- 012, 7 N.M. 580, 37 P. 1108.
[Approved, effective November 1, 1999 until July 1, 2001; approved, as amended, effective May 1, 2001; as amended by Supreme Court Order No. 07-8300-020, effective September 17, 2007; by Supreme Court Order No. 08-8300-040, effective December 15, 2008; as amended by Supreme Court Order No. 19-8300-009, effective for all orders issued on or after July 1, 2019; as amended by Supreme Court Order No. 20- 8300-010, effective for all cases pending or filed on or after December 31, 2020; as amended by Supreme Court Order No. S-1-RCR-2023-00049, effective for all cases filed on or after December 31, 2025.]
Notes
ANNOTATIONS The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2023-00049, effective December 31, 2025, provided an option for the court to order respondent to surrender access to all home security and video monitoring systems and that the petitioner is permitted to restrict access to all home security and video monitoring systems for the home, and expanded a provision that prohibited either party from disconnecting utilities of the other party's residence to include disconnecting or restricting access to the utilities, internet, phone, or cell phone service; under Item 10, added new Paragraph D; and in Item 12, after "shall disconnect" added "or restrict access to" and after "party's residence" added "internet, phone, or cell phone".
The 2020 amendment, approved by Supreme Court Order No. 20-8300-010, effective December 31, 2020, added an additional provision in the temporary order of protection form prohibiting a respondent from posting or causing another to post anything on social media about the petitioner, the petitioner's family members or the petitioner's significant other, revised the Use Notes, and made certain technical amendments; added a new Paragraph 5 and redesignated former Paragraphs 5 through 14 as Paragraphs 6 through 15, respectively; in Paragraph 7, after "first and last name of", deleted "parent" and added "party"; in Paragraph 8, after "named in", deleted "the preceding", and after "paragraph", added "6"; in Paragraph 11, after "as specified in No.", deleted "13" and added "14"; and in Use Note 2, added parallel citations to the case Territory of New Mexico v. Clancy.
The 2019 amendment, approved by Supreme Court Order No. 19-8300-009, effective July 1, 2019, required additional personal information from the parties, added a provision informing the restrained party of the prohibitions related to the purchase or possession of firearms, and made technical changes; in Paragraph 5, after the first blank line, added "(first and last name of party)", and after "child(ren), added "Child's Name and "Date of Birth"; in Paragraph 6, after "paragraph,", deleted "[ ] respondent [ ] petitioner" and added "(first and last name of parent)"; in the "Hearing" section, in the first undesignated paragraph, after "This order remains in force until _____", added the last two sentences of the paragraph; and in the "Enforcement of Order" section, replaced each occurrence of "respondent" with "restrained party".
The 2008 amendment, approved by Supreme Court Order No. 08-8300-040, effective December 15, 2008, in the Findings section, deleted language which provided that the petitioner or a household member of petitioner will suffer immediate and irreparable injury, loss or damage unless the court enters this order; added Paragraph 7; renumbered former Paragraphs 7 through 13 as Paragraphs 8 through 14; in Paragraph 14, added the last sentence; and in the Hearing section, added the reference to Form 4- 962 NMRA.
The 2007 amendment, effective September 17, 2007, amended Paragraph 13 to change "shall refrain" to "should refrain" and added the last sentence providing Paragraph 13 does not create a mutual protection order. The 2001 amendment, effective May 1, 2001, inserted "of petitioner" in the second sentence in the introductory paragraph, substituted "petitioner's household" for "another household' in the second sentence in item 1., substituted "may decide" for "shall decide" near the beginning of item 7., substituted "shall accompany respondent/petitioner" for "shall assist respondent" near the beginning of item 9., and rewrote item 13.