Domestic Abuse

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:

Definition of “Domestic Abuse”

New Mexico defines domestic abuse as an incident by a household member against another household member consisting of or resulting in:

• physical harm;
• severe emotional distress;
• bodily injury or assault;
• a threat causing imminent fear of bodily injury by any household member;
• criminal trespass;
• criminal damage to property;
• repeatedly driving by a residence or work place;
• telephone harassment;
• harassment; or
• harm or threatened harm to children.

Definition of “Household Member”

In New Mexico, the following types of relationships are considered “household members”:

• current or former spouse;
• present or former parent, step-parent or parent-in-law;
• present or former grandparent or grandparent-in-law;
• child, stepchild or grandchild;
• child together (regardless of whether you have been married or have lived together at any time); and
• dated or had an intimate relationship (continuing personal relationship).

In New Mexico, any person who has experienced domestic abuse by a household member may file for an Order of Protection.

Any person who has been sexually assaulted or stalked by any other person, regardless of the relationship between the two people, can file for an Order of Protection.