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Domestic Violence

Violencia intrafamiliar

WHO IS CONSIDERED A HOUSEHOLD MEMBER?

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

  • the other party is your spouse or former spouse;
  • the other party is your parent, present or former stepparent or  present or former parent-in-law;
  • the other party is your grandparent or grandparent-in-law;
  • the other party is your child, stepchild or grandchild ;
  • you and the other party have a child together (regardless of whether you have been married or have lived together at any time);
  • you and the other party have dated or had an intimate relationship (continuing personal relationship);
  • the other party has sexually assaulted you; or
  • the other party has stalked you.
  • Parties in a same sex relationship are also considered “household members”.
  • You and the other party do not have to live together to be considered a household member. 
  • Just because someone lives with you (like a roommate) does not mean they are a “household member” under New Mexico law.  Only individuals that have an intimate or close family relationship (see above) to each other are considered a “household member” in New Mexico.

EXAMPLES OF RELATIONSHIPS THAT DO NOT FIT THE LEGAL DEFINITION OF A HOUSEHOLD MEMBER:

  • brother/sister
  • aunt/uncle
  • cousins
  • relatives of your boyfriend/girlfriend
  • relatives of your child’s family, if you’ve never been married
  • niece/nephew
  • other in-laws, such as brother-in-law or sister-in-law

RAPE AND STALKING VICTIMS

Any victim of sexual assault or stalking can file for an Order of Protection, regardless of the relationship with the other person.  For example, if you know the person who sexually assaulted you or who is stalking you (neighbor, classmate, co-worker or friend) but you have never had anything more than a casual relationship, the law in New Mexico allows you to file for an Order of Protection against this person. 

Stalking is a pattern of conduct that places an individual in reasonable fear of:

  • death,
  • bodily harm,
  • sexual assault,
  • confinement or
  • restraint. 

A "pattern of conduct" is two or more acts that happen on more than one occasion.

NMSA 1978 Section 30-3A-3 (NM Compilation Commission Site)

Stalking is more than someone following you, calling or texting you, annoying you, or bothering you.  Stalking is a two or more incidents, on at least two different dates that made you afraid of being hurt, killed or held against your will.

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