Domestic Violence Protection Order - New Mexico

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Mexico requires the use of official court form 4-961 (Petition for Order of
Protection from Domestic Abuse) for domestic violence protection order petitions.
This template provides the substantive legal content to help you prepare — but you
must transfer your content to the official form before filing. The official form is
available at https://nmcourts.gov/forms-files/domestic-violence/.
Do not file this document directly with the court.

**STATE OF NEW MEXICO

___[JUDICIAL DISTRICT]___ COURT**
Family Division

Case No. ______[CASE NUMBER]______

DOMESTIC VIOLENCE PROTECTION ORDER

(“Order”)

Petitioner: __[PETITIONER FULL LEGAL NAME]__
Respondent: __[RESPONDENT FULL LEGAL NAME]__

Effective Date: __[DATE]__
Expiration Date: __[EXPIRATION DATE]__

Duration: The custody/support provisions of this Order are effective for a fixed period not to exceed six (6) months (§ 40-13-6(C)), extendable for good cause for up to another six months; the injunctive no-abuse and no-contact provisions continue until modified or rescinded by the Court.
Jurisdiction: State of New Mexico – District Court, pursuant to the New Mexico Family Violence Protection Act (“FVPA”), NMSA 1978, §§ 40-13-1 to 40-13-13.

TABLE OF CONTENTS

1. Findings & Recitals
2. Definitions
3. Operative Provisions
4. Court Findings & Representations
5. Covenants & Restrictions Imposed on Respondent
6. Enforcement, Contempt & Penalties
7. Dispute Resolution & Continuing Jurisdiction
8. General Provisions
9. Execution & Certification

1. FINDINGS & RECITALS

1.1 On ______[PETITION DATE]______, Petitioner filed a verified petition under the FVPA alleging acts of domestic abuse by Respondent.

1.2 This Court has subject-matter jurisdiction under state-domestic-violence law and personal jurisdiction over the parties.

1.3 Notice of hearing was duly served on Respondent on ______[SERVICE DATE]______, affording Respondent due process.

1.4 Having reviewed all pleadings, evidence, and sworn testimony, the Court finds by a preponderance of the evidence that domestic abuse occurred and that issuance of this Order is necessary to prevent further harm.

2. DEFINITIONS

For purposes of this Order:

“Abuse” – Conduct meeting the definition of domestic abuse under the FVPA, including but not limited to physical harm, threats, stalking, harassment, or any behavior reasonably calculated to control or intimidate a household member.

“Court” – The ___[JUDICIAL DISTRICT]___ Court, State of New Mexico, Family Division.

“Protected Party(ies)” – Collectively, Petitioner and the following minor child(ren): __[LIST NAMES/DOBs]__.

“No-Contact Provision” – A prohibition against any direct or indirect contact, whether in person, by telephone, electronic means, third-party communication, or any other method.

“Stay-Away Distance” – A minimum of __[X]__ yards from the Protected Parties, their residence, place of employment, school, or any location specified in § 3.2 below.

3. OPERATIVE PROVISIONS

3.1 No Abuse. Respondent SHALL NOT commit, threaten, or attempt any act of Abuse against any Protected Party.

3.2 No-Contact & Stay-Away. Respondent SHALL:
 (a) Have no contact of any kind with any Protected Party;
 (b) Maintain the Stay-Away Distance at all times from:
  (i) Protected Parties;
  (ii) __[RESIDENCE ADDRESS]__;
  (iii) __[WORKPLACE/SCHOOL]__; and
  (iv) Any other location where a Protected Party is present, except as permitted by court-approved, third-party-supervised visitation detailed in § 3.5.

3.3 Firearms.

(a) Credible-threat finding. ☐ The Court, after notice and an opportunity to be heard (or by stipulation), determines under § 40-13-5(A)(2) that Respondent presents a credible threat to the physical safety of a household member. If this box is checked, paragraphs (b)–(e) apply.
(b) Relinquishment (§ 40-13-13(A)). Respondent SHALL relinquish any firearm in Respondent's possession, care, custody, or control to a law-enforcement officer, law-enforcement agency, or federal firearms licensee within forty-eight (48) hours of service of this Order, and SHALL refrain from purchasing, receiving, or possessing any firearm while this Order is in effect.
(c) Filing (§ 40-13-13(D)(3)). Within seventy-two (72) hours of issuance of this Order, Respondent SHALL file with the Court either (i) a receipt identifying all firearms relinquished or taken by law enforcement, or (ii) a declaration of non-relinquishment.
(d) Law-enforcement possession (§ 40-13-13(B)–(C)). A law-enforcement officer or agency shall take possession of all firearms subject to this Order that are relinquished, in plain sight, or discovered pursuant to a lawful search, shall prepare a receipt, and shall file it with the Court and provide a copy to Petitioner within 72 hours of taking possession.
(e) Federal bar. Independent of state law, 18 U.S.C. § 922(g)(8) prohibits Respondent from possessing firearms or ammunition while subject to a qualifying protective order.

3.4 Temporary Custody & Visitation.
 (a) Temporary legal and physical custody of minor child(ren) is awarded to Petitioner.
 (b) Supervised visitation, if any, shall occur only:
  (i) At __[VISITATION CENTER NAME]__;
  (ii) On __[DAYS/HOURS]__;
  (iii) Under supervision of __[SUPERVISOR NAME/TITLE]__; and
  (iv) At Respondent’s sole cost.
 (c) Failure to comply may result in immediate suspension of visitation.

3.5 Personal Property Retrieval. Respondent may retrieve personal belongings only once, on __[DATE/TIME]__, in the presence of a uniformed law-enforcement officer.

3.6 Support. Pursuant to § 40-13-5(B)(2), the Court may provide for child support and temporary support for the protected party, giving primary consideration to the safety of the protected party and the children. (Any custody/support provision is effective for a fixed period not to exceed six months under § 40-13-6(C).)
 (a) [OPTIONAL] Temporary child support and/or temporary support for the protected party is set at $__[AMOUNT]__ per [week/month], payable through the New Mexico Child Support Enforcement Division.
 (b) Payments commence __[START DATE]__.

3.7 Law-Enforcement Assistance. Under § 40-13-6(D), any peace officer in New Mexico may arrest Respondent without a warrant and take Respondent into custody upon probable cause to believe Respondent has violated this Order (or an order entitled to full faith and credit), and shall enforce and effectuate service of this Order.

4. COURT FINDINGS & REPRESENTATIONS

4.1 The Court finds Respondent represents an immediate threat to the safety of the Protected Parties.

4.2 The restrictions herein are narrowly tailored to advance compelling governmental interests of safety and public order.

4.3 This Order shall be entered into the National Crime Information Center (NCIC) Protection Order File and the New Mexico Order of Protection Registry forthwith.

5. COVENANTS & RESTRICTIONS IMPOSED ON RESPONDENT

5.1 Affirmative Obligations. Respondent SHALL:
 (a) Obey all terms of this Order;
 (b) Complete a certified domestic-violence offender treatment program within __[X]__ days and file proof; and
 (c) Appear at all future court dates.

5.2 Negative Covenants. Respondent SHALL NOT:
 (a) Purchase, receive, transport, possess, or have custody or control of a firearm while this Order is in effect, IF the credible-threat finding in § 3.3(a) has been made (§ 40-13-5(A)(2); § 40-13-13(D)(1)); federal law (18 U.S.C. § 922(g)(8)) independently bars firearm possession while a qualifying order is in effect;
 (b) Use alcohol or controlled substances in the presence of minor child(ren);
 (c) Interfere with Petitioner’s utilities, mail, or electronic accounts.

5.3 Notice & Cure. Because violation threatens immediate harm, no cure period applies; any violation constitutes an Event of Default under § 6.

6. ENFORCEMENT, CONTEMPT & PENALTIES

6.1 Events of Default. Any violation of §§ 3 or 5 constitutes an Event of Default.

6.2 Remedies. Upon Event of Default, the Court may, without limitation:
 (a) Issue an arrest warrant;
 (b) Hold Respondent in criminal or civil contempt;
 (c) Extend or modify this Order;
 (d) Impose fines or incarceration as permitted by law.

6.3 Criminal Penalty (§ 40-13-6(E)–(G)). A restrained party convicted of violating this Order is guilty of a misdemeanor, sentenced under § 31-19-1 NMSA 1978; upon a second or subsequent conviction, the offender shall be sentenced to a jail term of not less than seventy-two (72) consecutive hours that shall not be suspended, deferred, or taken under advisement. On conviction the court shall order full restitution to the injured party and completion of a professional counseling program at the offender's expense if possible (§ 40-13-6(F)). A peace officer shall also file all other possible criminal charges arising from the incident where probable cause exists (§ 40-13-6(G)).

6.4 Attorney Fees & Costs. The prevailing party in any enforcement action may recover reasonable attorney fees and court costs.

7. DISPUTE RESOLUTION & CONTINUING JURISDICTION

7.1 Governing Law. This Order is governed exclusively by the laws of the State of New Mexico.

7.2 Forum Selection. The ___[JUDICIAL DISTRICT]___ Court retains exclusive jurisdiction over all matters arising from or relating to this Order.

7.3 Arbitration & Jury Trial. Arbitration is unavailable and jury trial is not applicable in family-court protective-order proceedings.

7.4 Injunctive Relief. The equitable, injunctive remedies provided herein are primary and cumulative.

8. GENERAL PROVISIONS

8.1 Amendment & Extension. Upon motion and notice, the Court may amend, vacate, or extend this Order pursuant to the FVPA.

8.2 Severability. If any provision is adjudged invalid, the remainder shall remain in full force.

8.3 Full Faith & Credit. This Order is enforceable in all fifty states, territories, and tribal lands under 18 U.S.C. § 2265.

8.4 Copies & Service. Certified copies shall be provided to Petitioner, Respondent, counsel of record, and all relevant law-enforcement agencies.

8.5 Electronic Signatures & Counterparts. This Order may be executed in counterparts and by electronic signature, each of which is deemed an original.

9. EXECUTION & CERTIFICATION

SO ORDERED.

Dated: ___[DATE]___

_____________________________________
Judge __[NAME]__
___[JUDICIAL DISTRICT]___ Court
State of New Mexico

Acknowledgment of Receipt by Respondent

I, __[RESPONDENT NAME]__, hereby acknowledge receipt of this Order and understand its terms. I further acknowledge that violation may result in arrest, criminal prosecution, and/or civil contempt.

_____________________________________
Respondent Signature & Date

Certificate of Service

I certify that on ___[DATE]___ a true and correct copy of this Order was served upon Respondent by:
☐ personal service ☐ certified mail ☐ law-enforcement officer

_____________________________________
Clerk / Authorized Server & Badge/ID #

Sources and References

• NMSA 1978 § 40-13-5 — Order of protection; contents; remedies (firearm delivery under (A)(2) conditioned on a credible-threat finding; custody/support/visitation (B)(2); counseling (B)(6); § 922 notice (C)): https://law.justia.com/codes/new-mexico/chapter-40/article-13/section-40-13-5/
• NMSA 1978 § 40-13-6 — Service; duration (custody/support ≤ 6 months; injunctive provisions until modified/rescinded); peace officer MAY arrest without warrant; misdemeanor per § 31-19-1; mandatory ≥72 hrs on second conviction; restitution and counseling: https://law.justia.com/codes/new-mexico/chapter-40/article-13/section-40-13-6/
• NMSA 1978 § 40-13-13 — Relinquishment of firearms; 48-hour surrender; 72-hour receipt or declaration of non-relinquishment: https://law.justia.com/codes/new-mexico/chapter-40/article-13/section-40-13-13/
• Amendment check — 2026 HB 67 ("Restraining Orders & Firearms," would have made relinquishment automatic/immediate in all orders) was postponed indefinitely on 2026-03-24 and did not become law: https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=67&year=26
• Firearm-relinquishment confirmation — Giffords Law Center, "Firearm Relinquishment Laws in New Mexico": https://giffords.org/lawcenter/state-laws/firearm-relinquishment-in-new-mexico/
• 18 U.S.C. § 922(g)(8) (federal firearm possession prohibition); 18 U.S.C. § 2265 (full faith and credit).
• Official forms — New Mexico Courts, 4-961 (Petition for Order of Protection from Domestic Abuse), 4-965 (Order of Protection): https://nmcourts.gov/forms-files/domestic-violence/

END OF DOCUMENT