A. The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via facsimile and files a sworn written statement, setting forth the need for an emergency order of protection, and the court finds reasonable grounds to believe that the alleged victim or the alleged victim's child is in immediate danger of domestic abuse following an incident of domestic abuse. The written statement shall include the location and telephone number of the alleged perpetrator, if known.
B. A law enforcement officer who receives an emergency order of protection, whether in writing, by telephone or by facsimile transmission, from the court shall:
(1) if necessary, pursuant to the judge's oral approval, write and sign the order on an approved form;
(2) if possible, immediately serve a signed copy of the order on the restrained party and complete the appropriate affidavit of service;
(3) immediately provide the protected party with a signed copy of the order; and
(4) provide the original order to the court by the close of business on the next judicial day.
C. The court may grant the following relief in an emergency order of protection upon a probable cause finding that domestic abuse has occurred:
(1) enjoin the restrained party from threatening to commit or committing acts of domestic abuse against the protected party or any designated household members;
(2) enjoin the restrained party from any contact with the protected party, including harassing, telephoning, contacting or otherwise communicating with the protected party; and
(3) grant temporary custody of any minor child in common with the parties to the protected party, if necessary.
D. A district judge shall be available as determined by each judicial district to hear petitions for emergency orders of protection.
E. An emergency order of protection expires seventy-two hours after issuance or at the end of the next judicial day, whichever time is latest. The expiration date shall be clearly stated on the emergency order of protection.
F. A person may appeal the issuance of an emergency order of protection to the court that issued the order. An appeal may be heard as soon as the judicial day following the issuance of the order.
G. Upon a proper petition, a district court may issue a temporary order of protection that is based upon the same incident of domestic abuse that was alleged in an emergency order of protection.
H. Emergency orders of protection are enforceable in the same manner as other orders of protection issued pursuant to the provisions of the Family Violence Protection Act.
History: Laws 1999, ch. 142, § 2; 2008, ch. 40, § 5.
The 2008 amendment, effective July 1, 2008, changed "petitioner" to "protected party" and "respondent" to "restrained party".
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.