This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
New Mexico USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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FAQ
A no contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet.
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.
If you requested a restraining order against another party, but now you wish for it to be removed, you must petition to the court and request that the restraining order be lifted.
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 TRO orders your abuser to stay away from you. Like the NCO, if the defendant contacts or approaches you, a crime has been committed. After you obtain a TRO and the defendant is served, the defendant can be arrested for violating the TRO if the defendant contacts you. There is no fee for a TRO.
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.
Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.