You may have heard someone tell you that you should get a “restraining order” against someone who has committed “domestic violence” against you. In New Mexico these two terms are called something different:

Common TermLegal Term
Restraining OrderOrder of Protection
Domestic AbuseDomestic Violence

Forms

These are the most common forms needed in Order of Protection cases.


Document

Supreme Court Approved Form
Description
Petition for Order of Protection4-961Document that is filed to request the Court grant you an Order of Protection. The person who requests the Order of Protection is called the “Petitioner” and the person you seek the Order of Protection against is called the “Respondent”.
Service of Process4-961ARequired document that is filed with the Petition (Form 4-961) and contains information about the Respondent. This additional information (date of birth, work address and phone number) will help locate the Respondent and have them served with the Order of Protection, if granted by the Judge.
Request to Omit Petitioner’s Address/Phone Number from Petition4-961BOptional document that is filed with the Petition (Form 4-961) and requests that the Petitioner’s contact information not be disclosed on the Petition. This request should only be used if the Respondent does not know the Petitioner’s contact information, and disclosing it may threaten the Petitioner’s physical safety or that of a household member.
Response to Petition for Order of Protection4-962Document that is filed by the Respondent in response to the allegations made by the Petitioner regarding domestic abuse.
Counter-Petition4-962ADocument that is filed by the Respondent in the first Order of Protection case that alleges the Petitioner committed domestic abuse against the Respondent. The Judge will review the Counter-Petition, and if granted, the Petitioner in the first Order of Protection case is now the Respondent in this second Order of Protection case between the same two parties.
Application to Modify, Terminate or Extend the Order of Protection4-968Document that is filed by either the Petitioner or the Respondent asking the Court to modify, terminate, or extend the Order of Protection.