A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act:
(1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection;
(2) if deemed necessary, interview petitioners. Any interview shall be on the record;
(3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify or terminate orders of protection; and
(4) prepare recommendations to the district court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection.
B. All orders must be signed by a district court judge before the recommendations of a domestic violence special commissioner become effective.
History: Laws 2005, ch. 30, § 2.
Cross references. — For domestic violence special commissioners duties, see Rule 1-053.1 NMRA.
Effective dates. — Laws 2005, ch. 30, § 4, made this section effective July 1, 2005.
Law reviews. — For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2006).
Structure New Mexico Statutes
Article 13 - Family Violence Protection
Section 40-13-1 - Short title.
Section 40-13-1.1 - Legislative findings; state policy; dual arrests.
Section 40-13-2 - Definitions.
Section 40-13-3 - Petition for order of protection; contents; standard forms.
Section 40-13-3.1 - Forbearance of costs associated with domestic abuse offenses.
Section 40-13-3.2 - Ex parte emergency orders of protection.
Section 40-13-4 - Temporary order of protection; hearing; dismissal.
Section 40-13-5.1 - Extended order of protection.
Section 40-13-6 - Service of order; duration; penalty; remedies not exclusive.
Section 40-13-7.1 - Medical personnel; documentation of domestic abuse.
Section 40-13-9 - Domestic violence special commissioners; appointment; qualifications.
Section 40-13-10 - Special commissioners; powers; duties.