Fill and Sign the New Mexico Order of Protection Mutual or Non Mutualus Form

1 4-965. Order of protection, mutual, non-mutual. [Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978] ADDITIONAL PAGES 1 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. The court further FINDS, CONCLUDES AND ORDERS: (check only applicable paragraphs) 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. 2 [ ] Respondent was properly served with a copy of the petition and order to appear. 2 [ ] Respondent received actual notice of the hearing and had an opportunity to participate in the hearing. 2 [ ] Petitioner was properly served with a copy of the counter-petition and order to appear. 2 [ ] Petitioner was properly served with a copy of the temporary order and order to a ppear. [ ] Petitioner received actual notice of the hearing and had an opportunity to participate in the hearing. 2 [ ] The relationship of the parties is that of an "intimate partner" as defined in 18 USC Section 921 (a)(32). (See 2.b below) 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 2 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. If you have a firearm or ammunition, you should immediately dispose of the firearm or ammunition. Violation of this law is a federal crime punishable by imprisonment for up to ten (10) years and a fine of up to two hundred fifty-thousand dollars ($250,000). 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. "Abuse" means any incident by one party against the other party or another household member resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threat by petitioner or respondent causing imminent fear of bodily injury to the other party or any household member; (5) criminal trespass; (6) criminal damage to property; (7) repeatedly driving by petitioner's or respondent's or a household member's residence or workplace; (8) telephone harassment; (9) stalking; (10) harassment; or (11) harm or threatened harm to children in any manner set forth above. [ ] 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; 3 [ ] Other ____________________________________________________ ____________________________________________________. [ ] The parties may attend joint counseling sessions at the counselor's discretion. (Unless the court has sealed the protected party’s address, include it below.) Protected party’s addresses ______________________________ (home address) ______________________________ (work address) ______________________________ (city) ______________________________ (if applicable, tribe or pueblo) ______________________________ (state and zip code) 6. COUNSELING [ ] Respondent shall attend counseling at ______________, contacting that office within five (5) days. The respondent shall participate in, attend and complete counseling as recommended by the named agency. [ ] Petitioner shall attend counseling at ______________, contacting that office within five (5) days. The petitioner shall participate in, attend and complete counseling as recommended by the named agency. [ ] Respondent shall report to __________________, for a [ ] drug [and] [ ] alcohol screen by ______________, __________ (date) with the results returned to this court. [ ] Petitioner shall report to ______________, for a [ ] drug [and] [ ] alcohol screen by ______________, __________ (date) 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. 3 4 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. 3 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. 3 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. This provision is not intended to and does not create a mutual order of protection. Under Section 40- 13-6 (D) NMSA 1978, only the restrained party can be arrested for violation of 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.). Failure to appear may result in the issuance of a bench warrant for your arrest or dismissal of this order. Any party ordered to attend counseling shall bring proof of counseling to the review hearing. IT IS FURTHER ORDERED 4: ___________________________________ _________________________________________________________. 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. 5 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. If any party disagrees with the recommendations, that party may, but is not required to, file written objections and a request for hearing on those objections with the district court within ten (10) days. A copy of those objections and a request for hearing must be served by mail on the other party. ___________________________________ Signed ___________________________________ Title 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. If objections are filed the court may conduct a hearing to resolve the objections. (See Rule 1-053.1(H)(1)(a) NMRA). SO ORDERED: ______________________________ _____________________________ District Judge Date [ ] A copy of this order was [ ] hand delivered [ ] faxed [ ] mailed to [ ] respondent [ ] respondent's counsel on ______________ (date) 5. [ ] A copy of this order was [ ] hand delivered [ ] faxed [ ] mailed to [ ] petitioner [ ] petitioner's counsel on ______________ (date). 6 ___________________________________ Signed ___________________________________ Title 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.]