EZRCP · New Mexico · Part 1 - District Court Rules · Form 4-968 NMRA

Form 4-968 NMRA. — Application to modify, terminate, or extend the order of protection from domestic abuse.

New Mexico · Part 1 - District Court Rules

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Rule text

[Standard simplified domestic abuse form, Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978]

STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT COURT

_______________________________, Petitioner

v. No. __________

_______________________________, Respondent

APPLICATION TO MODIFY, TERMINATE, OR EXTEND THE ORDER OF PROTECTION FROM DOMESTIC ABUSE [ ] Petitioner [ ] Respondent asks the court: (check and complete applicable alternatives) [] to modify the protection order as follows: _______________________________ ________________________________________________________________.

[] to terminate the protection order because: ______________________________ ________________________________________________________________.

[] to extend the protection order for an additional____________(days) (months) because: ______________________________________________________________ _____________________________________________________________________.

The other party: [] objects to the extension, modification, or termination of the protection order.

[] agrees to the extension, modification, or termination of the protection order.

[] has not told me whether (he) (she) objects or agrees to the extension, modification, or termination of the protection order.

VERIFICATION

I, the [ ] Petitioner [ ] Respondent, affirm under oath and penalty of perjury under the laws of the State of New Mexico that I am the [ ] Petitioner [ ] Respondent in the aboveentitled cause; that I have read this application to modify, terminate, or extend the order of protection from domestic abuse; and that the contents of the application are true and correct to the best of my information and belief.

________________________________ ________________________________ Date Signature of party filing this application STATE OF NEW MEXICO ) COUNTY OF _____________ ) ss TRIBE OR PUEBLO ______________ )

Signed and sworn before me on this ____ day of _____________, ______. _________________________________ Notary public My commission expires: _______________________.

CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of ______________, ______ this application was

[mailed by United States mail, postage prepaid, and addressed to: Name: _____________________________________________

Address: _____________________________________________

City, State and zip code: __________________________________]

[faxed by ________________________ (name of person who faxed document) to ______________________ (name of recipient) at _________________ (telephone number). The transmission was reported as complete and without error. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).]

[e-mailed by __________________________ (name of person who transmitted) to ______________________ (name of recipient) at _________________ (electronic mail address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).]

________________________________ Signature of attorney

________________________________ Date of signature

If this notice was served by a person other than an attorney, the following must also be completed and filed with the court:

AFFIDAVIT OF SERVICE

I affirm under penalty of perjury under the laws of the State of New Mexico that a copy of this application was served by [mail] [fax] [electronic transmission] as described above on this ________ day of ______________, __________.

________________________________ Signature of person who made service

[Approved, effective November 1, 1999 until July 1, 2001; approved, effective May 1, 2001; as amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008; by Supreme Court Order No. 12-8300-026, effective for all cases filed or pending on or after January 7, 2013; as amended by Supreme Court Order No. 14-8300-023, effective for all pleadings and papers filed on or after December 31, 2014; as amended by Supreme Court Order No. 15-8300-024, effective for all pleadings and papers filed after November 18, 2015.]

Notes

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-024, effective November 18, 2015, required the party to sign the application before a notary public; in the "Verification" provision, after "I affirm under", added "oath and", and after "Signature of party filing this application", added the new notarization section of the Verification.

The 2014 amendment, approved by Supreme Court Order No. 14-8300-023, effective December 31, 2014, eliminated the requirement that the form be notarized; in the Verification, deleted the former affirmation of the signatory and the certification and signature line of the notary public; and in the Affidavit of Service, at the beginning of the sentence, deleted "declare" and added "affirm", after "perjury", added "under the laws of the State of New Mexico", and deleted the former certification and signature lines of the judge, notary, and other officer authorized to administer oaths.

The 2012 amendment, approved by Supreme Court Order No. 12-8300-026, effective January 7, 2013, provided that the order may be extended; in the title of the rule, after "terminate or", deleted "renew" and added "extend"; in the title of the form after "terminate or", deleted "renew" and added "extend", in the last paragraph regarding the petitioner, after "to", deleted "renew and"; in each of the three paragraphs regarding the other party, after "to the", deleted "renewal" and added "extension"; and in the verification, in the first sentence, after "terminate or", deleted "renew" and added "extend".

The 2008 amendment, approved by Supreme Court Order No. 08-8300-40, effective December 15, 2008, in the Verification section, added the initial statement that the petitioner, being duly sworn upon oath, deposes and states that the petitioner is the petitioner and that the petitioner has read the application to modify, terminate or renew the order; deleted the language that the petition is true to the best of the petitioner's knowledge and belief and that the petitioner understands that the petitioner can be punished civilly and criminally if any information in the petition is false, and added the last sentence; and added the Certificate of Service and the Affidavit of Service.