New Mexico Protection Orders — How to Get One

A order of protection in New Mexico is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship.

Spouse or former spouse, parent or former step-parent, grandparent, child or step-child, co-parent of a child, or person with whom the petitioner has had a continuing personal relationship (cohabitation not required).

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Emergency ex parte order under §40-13-4 (temporary, effective until hearing within 10 days); final order after hearing under §40-13-5.

Custody/support provisions: up to 6 months, renewable for an additional 6 months; injunctive provisions (no contact, stay away): continue indefinitely until modified or rescinded.

Orders are filed in: District court; no filing or service fees.

• No-contact and stay-away provisions
• Exclusive possession of a shared residence
• Temporary custody of minor children
• Temporary child support
• Order to attend counseling or intervention programs
• Prohibition on destroying, hiding, or disposing of property
• Any other relief the court deems necessary for the petitioner's safety

Under federal law §18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force. Ex parte or temporary orders issued without notice to the respondent generally do not trigger this federal prohibition.

New Mexico state law: Mandatory: if the court determines the restrained party presents a credible threat to the physical safety of the household member, the order must require delivery of any firearm in the restrained party's possession, care, custody, or control to a law enforcement agency, law enforcement officer, or federal firearms licensee and prohibit purchasing, receiving, or possessing any firearm while the order is in effect §40-13-5.

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.