A. In the sentencing proceeding for a person convicted of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court's jurisdiction over the person.
B. At any time after the expiration of a criminal court's jurisdiction over a person against whom an order of protection was granted pursuant to a request pursuant to Subsection A of this section, the victim may:
(1) file a petition for an order of protection against the person; and
(2) submit evidence of the person's conviction for criminal sexual penetration, including out-of-state, as cause for the court to grant the order of protection.
C. Based on evidence submitted pursuant to Subsection B of this section, a court may take judicial notice of the facts that led to a person's conviction for criminal sexual penetration and a victim shall not be required to appear before the court on the victim's petition for an order of protection; provided, however, that another person may appear on the victim's behalf.
D. A court may grant an order of protection pursuant to this section for any length of time, including for a victim's lifetime.
E. Notwithstanding the provisions of Subsection C of Section 40-13-6 NMSA 1978, an order of protection granted pursuant to this section shall continue until the expiration provided in the order, if any, or until modified or rescinded upon a motion by the victim.
History: Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1.
Effective dates. — Laws 2016 , ch. 32, § 2 and Laws 2016, ch. 33, § 2 made Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1 effective July 1, 2016.
Compiler's notes. — Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 33, § 1. See 12-1-8 NMSA 1978.
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.