An Order of Protection is a civil court order intended to protect a person from domestic abuse, stalking, or sexual assault. In New Mexico, these cases are filed in District Court under the Family Violence Protection Act.

A court may issue a temporary Order of Protection before a hearing based on the allegations in a sworn petition. If a temporary order is issued, the court will generally schedule a hearing within ten days, at which both parties may present testimony, witnesses, documents, photographs, electronic communications, and other evidence.

An Order of Protection may prohibit contact, require a party to stay away from specified locations, award temporary possession of a residence, and establish temporary custody, visitation, or support arrangements. It may also require counseling, restrict the transfer of property, and affect firearm possession. Although the proceeding is civil, violating an Order of Protection may result in arrest and criminal charges.

Our office represents both petitioners seeking protection and respondents accused of domestic abuse. We assist clients with preparing or responding to petitions, gathering evidence, preparing witnesses, appearing at contested hearings, and requesting the modification, extension, or termination of an existing order.

Because an Order of Protection can affect your family, residence, employment, firearm rights, and related criminal or custody proceedings, it is important to obtain legal advice promptly. Contact our office to discuss your rights and the specific circumstances of your case.

This information is general in nature and does not constitute legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship.