New Mexico Order of Protection

Order of Protection

District Court Civil Form 4-965 Supreme Court Approved October 29, 2008

THE COURT HEREBY FINDS:

That it has jurisdiction over the parties and subject matter, and the restrained party has been provided with reasonable notice and opportunity to be heard.

Additional findings of this order follow on succeeding pages.

THE COURT HEREBY ORDERS:

That the above named restrained party be restrained from committing further acts of abuse or threats of abuse.

That the above named restrained party be restrained from any contact with the protected party.

Additional terms of this order are as set forth on succeeding pages.

The terms of this order shall be effective until .

WARNINGS TO RESTRAINED PARTY:

This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and may be enforced by Tribal Lands under 18 U.S.C. Section 2265. Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment under 18 U.S.C. Section 2262.

As a result of this order, it may be unlawful for you to possess or purchase ammunition or a firearm, including a rifle, pistol or revolver, under 18 U.S.C. Section 922(g)(8). If you have any questions whether federal law makes it illegal for you to possess or purchase a firearm, you should consult an attorney.

Only the court can change this order.

Page 1 of

Judge's signature on last page

ADDITIONAL PAGES OF ORDER OF PROTECTION

This matter came before the court on the day of , through a hearing on the petitioner's respondent's request for an order prohibiting domestic abuse.

1. NOTICE, APPEARANCES AND STATUS

Petitioner was present.

Petitioner was represented by counsel.

Respondent was present.

Respondent was represented by counsel.

Respondent was properly served with a copy of the petition, temporary order of protection prohibiting domestic abuse and order to appear.

Respondent was properly served with a copy of the petition and order to appear.

Respondent received actual notice of the hearing and had an opportunity to participate in the hearing.

Petitioner was properly served with a copy of the counter-petition and order to appear.

Petitioner was properly served with a copy of the temporary order and order to appear.

Petitioner received actual notice of the hearing and had an opportunity to participate in the hearing.

The relationship of the parties is that of an "intimate partner" as defined in 18 USC Section 921 (a)(32).

2. CONSEQUENCES OF ENTRY OF ORDER OF PROTECTION

Violation of this order by the respondent petitioner can have serious consequences, including:

A. If you violate the terms of this order, you may be charged with a misdemeanor, which is punishable by imprisonment of up to three hundred sixty-four (364) days and a fine of up to one thousand dollars ($1,000) or both. You may be found in contempt of court.

B. If you are the spouse or former spouse of the other party, an individual who cohabitates with or has cohabitated with the other party, or if you and the other party have had a child together, federal law prohibits you from possessing or transporting firearms or ammunition while this order is in effect.

C. If you are not a citizen of the United States, violation of this order may have a negative effect on your application for residency or citizenship.

3. FINDING OF DOMESTIC ABUSE

An act of domestic abuse was committed by respondent petitioner that necessitates an order of protection. Petitioner Respondent is the protected party under this order.

4. DOMESTIC ABUSE PROHIBITED

Respondent Petitioner shall not abuse the other party or members of the other party's household.

Respondent Petitioner shall not ask or cause other persons to abuse the other party or any other household members.

5. CONTACT PROHIBITIONS

Respondent Petitioner shall stay yards away from the other party, the other party's home and any workplace at all times, unless at a public place, where the respondent petitioner shall remain yards away from the other party except as specifically permitted by this order.

Respondent Petitioner shall not telephone, talk to, visit or contact the other party in any way except as follows:

The parties may contact each other by telephone regarding medical emergencies of minor children;

Other

The parties may attend joint counseling sessions at the counselor's discretion.

Protected party’s addresses

6. COUNSELING

Respondent shall attend counseling at , contacting that office within five (5) days.

Petitioner shall attend counseling at , contacting that office within five (5) days.

Respondent shall report to , for a drug alcohol screen by , with the results returned to this court.

Petitioner shall report to , for a drug alcohol screen by , with the results returned to this court.

Other counseling requirements:

7. CUSTODY

The court's orders regarding the minor child(ren) are addressed in the Custody, Support and Division of Property Attachment of this order of protection.

8. PROVISIONS RELATING TO SUPPORT

The court's orders regarding support issues for the parties are found in the Custody, Support and Division of Property Attachment of this order of protection.

9. PROPERTY, DEBTS AND PAYMENTS OF MONEY

The court's orders regarding property, debts and payment of money are found in the Custody, Support and Division of Property Attachment of this order of protection.

10. PARTIES SHALL NOT CAUSE VIOLATION

While this order of protection is in effect the protected party should refrain from any act that would cause the restrained party to violate this order.

11. ADDITIONAL ORDERS

Review hearing. The parties are ordered to appear for a review hearing on the day of , , at (a.m.) (p.m.).

Any party ordered to attend counseling shall bring proof of counseling to the review hearing.

IT IS FURTHER ORDERED:

12. NOTICE TO LAW ENFORCEMENT AGENCIES

ANY LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER.

Respondent Petitioner is ordered to surrender all keys to the residence to law enforcement officers.

Law enforcement officers or shall be present during any property exchange.

This order supersedes prior orders in County, State of , Cause No. to the extent that there are contradictory provisions.

13. NOTICE TO PARTIES

This order does not serve as a divorce and does not permanently resolve child custody or support issues.

To make a request to extend this order, the protected party should return to the court with a copy of this order at least three weeks before the order expires.

14. RECOMMENDATIONS

I have:

reviewed the petition for order of protection;

reviewed the counter-petition for order of protection;

conducted hearings on the merits of the petition;

after notice and hearing, I prepared this order as my recommendation to the district court judge regarding disposition of the request for order of protection.

Court's telephone number:

The court has reviewed the recommendations and adopts them. This order remains in effect unless and until it is modified by a district court judge or it expires.

A copy of this order was faxed mailed to respondent respondent's counsel on .

A copy of this order was faxed mailed to petitioner petitioner's counsel on .

USE NOTES

1. The first page of this order of protection shall be in the uniform format preceding the heading for additional pages of the order.

2. This order may be entered only after a hearing at which respondent received actual notice and at which respondent had an opportunity to participate if 18 U.S.C. Section 922 is to apply to this order.

3. See Form 4-967 NMRA for the Custody, Support and Division of Property Order attachment.

4. If appropriate, an order providing for restitution may be included in this paragraph.

5. Respondent or petitioner should be served at the time this order is issued, before leaving the courthouse. If a default order is issued, service upon the non-attending party shall be made by mail or by personal service. See Section 40-13-6(A) NMSA 1978.

[Approved, effective November 1, 1999 until July 1, 2001; approved, as amended, effective May 1, 2001; as amended by Supreme Court Order 07-8300-20, effective September 17, 2007; as amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008.]