Restraining Order- Order of Protection

In New Mexico a restraining order (also called an “Order of Protection”), involves household members and falls under the Family Violence Protection Act – NMSA 1978 § 40-13-2. The process begins when an alleged victim of domestic abuse files a Petition for Order of Protection that claims an act of abuse occurred such as: physical or sexually abuse, severe emotion distress, bodily injury or assault, threats, trespassing, stalking, criminal damage to property, repeatedly driving by a residence or place of work, or harassment.

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The court tends to lean on the side of caution, entering a Temporary Order of Protection. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.

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The court is required to set a hearing within 10 days of entering the Temporary Order of Protection. Until the hearing is set and the Petition is dismissed, the restrained person is allowed to have absolutely no contact with any of the restrained persons. At this hearing, a Special Commissioner will determine whether an act of abuse occurred, and either dismisses the Petition or extends the Temporary Order by usually six months to one year.

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The unfortunate reality is that in some situations, a Petition for Order of Protection is not used for its intended purpose – protect a victim of domestic abuse. Instead, often the Petition is used as a tool to punish a person against whom the accuser has a grudge. Ex-boyfriends or girlfriends may be accused of stalking, harassment, or property damage by a vindictive former partner. Divorcing spouses may use an allegation of abuse to gain an advantage in a custody disputes. Parents in the middle of a heated child custody dispute may claim abuse in order to obtain a temporary order that gives the accuser sole custody until a hearing is held.

False accusations are extremely serious and the court does not take these false accusations lightly. Orders of protection that are granted on false grounds may have a devastating impact on an individual.

Have you been served with a Petition for Order of Protection and Temporary Order of Protection and Order to Appear? Are you being wrongly accused, or want someone to fight on your behalf? If you believe that a Petition for Order of Protection is invalid, based on false information, or improperly served, you should immediately contact an experienced attorney.

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Unjust Order of Protections can greatly restrict a person’s public, private, employment opportunities, and ability to own or possess a firearm while the Order is in effect. Have you been victimized by a false Petition for Order of Protection? If so do not roll over and take the hearing lightly. Stand up and call an attorney that will fight on your behalf.