Order of Protection from Domestic Abuse

Domestic Abuse

You may have heard someone tell you that you should get a “restraining order” against someone who has committed “domestic violence” against you. In New Mexico these two terms are called something different:

COMMON TERM	LEGAL TERM
Restraining Order	Order of Protection
Domestic Violence	Domestic Abuse

Definition of “Domestic Abuse”

New Mexico defines domestic abuse as an incident by a household member against another household member consisting of or resulting in:

physical harm;
severe emotional distress;
bodily injury or assault;
a threat causing imminent fear of bodily injury by any household member;
criminal trespass;
criminal damage to property;
repeatedly driving by a residence or work place;
telephone harassment;
harassment; or
harm or threatened harm to children.

Definition of “Household Member”

In New Mexico, the following types of relationships are considered “household members”:

current or former spouse;
present or former parent, step-parent or parent-in-law;
present or former grandparent or grandparent-in-law;
child, stepchild or grandchild;
child together (regardless of whether you have been married or have lived together at any time); and
dated or had an intimate relationship (continuing personal relationship).

Do you I have to live with someone to be considered a “household member”?

Can same sex couples be considered “household members”?

What are some relationships that are not considered “household members”?

Just because someone lives with you (like a roommate) does not mean they are a “household member” under New Mexico law. Only individuals that have an intimate or close family relationship to each other are considered a “household member” in New Mexico.

EXAMPLES OF RELATIONSHIPS THAT DO NOT FIT THE LEGAL DEFINITION OF A HOUSEHOLD MEMBER:

brother/sister
aunt/uncle
cousins
relatives of your boyfriend/girlfriend
relatives of your child’s family, if you’ve never been married
niece/nephew
other in-laws, such as brother-in-law or sister-in-law

An Order of Protection is a court order that prohibits a person from
hurting, threatening or harassing another person.

In New Mexico, any person who has experienced domestic abuse by a household member may file for an Order of Protection.

Any person who has been sexually assaulted or stalked by any other person, regardless of the relationship between the two people, can file for an Order of Protection.

ORDER OF PROTECTION

Additional Information

Court Forms Video – Court Process