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Orders of Protection

In New Mexico, a victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection.

Domestic abuse:

(1)  means an incident of stalking or sexual assault whether committed by a household member or not;

(2)  means an incident by a household member against another household member consisting of or resulting in:

(a) physical harm;

(b) severe emotional distress;

(c)  bodily injury or assault;

(d) a threat causing imminent fear of bodily injury by any household member;

(e) criminal trespass;

(f)  criminal damage to property;

(g) repeatedly driving by a residence or work place;

(h) telephone harassment;

(i)   harassment;

(j)   strangulation;

(k)  suffocation; or

(l)   harm or threatened harm to children as set forth in this paragraph; and

(3) does not mean the use of force in self-defense or the defense of another.

Household member means a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship.  Cohabitation is not necessary to be deemed a household member.