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New Mexico Restraining Orders Step 1: Go to court and request an application. Step 2: Fill out the petition. Step 3: A judge will review your petition and assign a court date. Step 4: Service of process. Step 5: What will I have to prove at the hearing? Step 6: The hearing.
Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
How to Drop a Restraining Order in Albuquerque, NM - YouTube YouTube Start of suggested clip End of suggested clip Having contact with the restrained party. Then the restraint party can file a motion to dismissMoreHaving contact with the restrained party. Then the restraint party can file a motion to dismiss stating. Hey this restraining order ultimately is not needed.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
You can file a civil restraining order against almost anyone who you do not have a domestic relationship with, but it requires a $132.00 filing fee.
A peace officer may arrest without a warrant and take into custody a restrained party whom the peace officer has probable cause to believe has violated an order of protection that is issued pursuant to the Family Violence Protection Act or entitled to full faith and credit.
A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
Ing to NMSA §40-13-6(F), for a first violation of an order of protection from domestic abuse, you will be charged with a misdemeanor offense and face up to one year in jail. For a second violation, the Family Violence Protection Act provides for a mandatory jail time of 72 consecutive hours.