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Domestic Violence

Violencia intrafamiliar

WHAT INFORMATION DO I NEED TO FILE AN ORDER OF PROTECTION?

Before you go to the courthouse to file your petition for an Order of Protection, you will have to consider the following:

  1. Who is the victim (petitioner)?  You can file a petition for an Order of Protection for yourself.  A parent or a legal guardian may also file on behalf of a minor child or an incompetent adult. 
  2. Other court cases involving you and the respondent.  The court will want to know about any other court cases involving you and the respondent (current or previous).  This includes divorce, separation, Order of Protection, child support, paternity, and abuse or neglect cases filed by you, the other party, or the state.  Make sure to include all cases, even those filed in a court outside of New Mexico. 
  3. Why are you asking for an Order of Protection?  Make a list of the domestic violence acts that the respondent committed, and/or the threats that the respondent made.  You should state where (place) and when (date) each incident took place. You should include details on what happened, including injuries to yourself and damage to belongings. You should also explain why you are fearful of the respondent and why you need an Order of Protection.    
  4. Information about the respondent.  The petition will ask for the respondent’s name, address, date of birth, phone number, work address, and work phone number.  This information is necessary so the respondent can be personally served with the paperwork you filed and notice of the court date. (Service of Process Form 4-961A)
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