New Mexico
New Mexico Restraining Order Laws (2026): How to Get an Order of Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 1 primary source cited on this page. How we verify our legal content
In New Mexico, an Order of Protection under the Family Violence Protection Act gives qualifying petitioners civil court protection from a household or intimate partner; a final injunctive order continues until a party seeks modification, while custody and support provisions within the order last up to six months at a time.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in New Mexico
New Mexico's protection runs through a single statute. The Order of Protection under the Family Violence Protection Act (NMSA §§40-13-1 to 40-13-12) is available to victims of domestic violence within a qualifying household or intimate relationship. It can include no-contact and no-harassment provisions, stay-away orders, temporary custody and visitation terms, and a firearm surrender directive.
The same Act also reaches victims who have no relationship to the offender at all: NMSA §40-13-2 defines 'domestic abuse' to include 'an incident of stalking or sexual assault whether committed by a household member or not.' A victim of sexual assault or stalking by a stranger, coworker, or anyone else with no personal connection to them can file for the same Order of Protection without showing any household or personal relationship with the respondent.
The order is a civil proceeding filed directly by the petitioner. It complements, but is separate from, any criminal prosecution the state may pursue.
Who can get a restraining order in New Mexico?
For the domestic Order of Protection, the petitioner must be in a qualifying household or intimate relationship with the respondent. New Mexico's statute defines "household member" broadly: spouse or former spouse; parent, stepparent, parent-in-law, or grandparent (present or former); grandparent-in-law; child, stepchild, or grandchild; a person with whom the petitioner has a child in common; or a person with whom the petitioner has had a "continuing personal relationship." Courts interpret the last category to include current and former dating or romantic partners.
If you are a victim of sexual assault or stalking and the person who harmed you does not fit any of those categories, you can still file for the same Order of Protection. NMSA §40-13-2 defines 'domestic abuse' to include stalking or sexual assault regardless of whether the offender is a household member, so no pre-existing relationship is required in that situation.
Qualifying relationships for the domestic Order of Protection include:
- Spouses and former spouses
- Parents, stepparents, and in-laws
- Children, stepchildren, and grandchildren
- Co-parents (persons who share a child)
- Current or former dating and intimate partners
- Other household or family members
How to file for a restraining order in New Mexico
Petitions for an Order of Protection are filed in the District Court in the county where the petitioner lives, where the respondent lives, or where the abuse occurred. New Mexico has 13 judicial districts covering all counties, so a courthouse is available throughout the state.
Under the federal Violence Against Women Act (VAWA), states may not charge a filing fee or service fee for a domestic violence protective order. In New Mexico, there is no filing fee for an Order of Protection, and the sheriff's office serves the respondent at no charge.
To begin, ask the court clerk for the petition forms. Most District Courts have a self-help center or a domestic-violence advocate on site or available by referral who can help with paperwork at no cost. Completed forms are submitted to the clerk, reviewed by a judge (usually the same day for an emergency), and, if granted, the temporary order is served on the respondent before the scheduled hearing.
Local domestic-violence programs and legal-aid organizations can also assist with forms, safety planning, and accompanying petitioners to court.
Temporary vs. final orders: how long they last
When a petitioner demonstrates immediate danger, the court issues a Temporary Order of Protection the same day, without prior notice to the respondent (ex parte). This temporary order remains in effect until the scheduled hearing.
New Mexico requires a hearing within 10 days of issuance. At the hearing, the respondent has an opportunity to appear and respond. If the court grants the Order of Protection after the hearing, two different timeframes apply depending on what the order contains:
| Order Provision | Duration |
|---|---|
| Injunctive relief (no contact, stay-away, no harassment) | Continues until either party moves to modify or rescind |
| Custody and support provisions | Up to 6 months; extendable for an additional 6 months on good cause shown (NMSA §40-13-6) |
The permanent-until-modified nature of the injunctive provisions is an important distinction. Unlike some states where a final order expires after a fixed term, New Mexico's no-contact and stay-away protections remain in place unless a party files a motion to change or end the order.
Firearms and a New Mexico Order of Protection
New Mexico has a mandatory firearm-surrender statute. Under NMSA §40-13-13 and §40-13-5, if the court finds a credible threat to the physical safety of the petitioner or minor household members, the Order of Protection must include a statement that:
- The respondent is prohibited from purchasing, receiving, transporting, possessing, or controlling any firearm while the order is in effect
- The respondent must deliver all firearms to law enforcement, a law enforcement officer, or a licensed federal firearms dealer
Surrender is required as a condition of the order, not merely authorized as an option. Under NMSA §40-13-13, the respondent must surrender all firearms within 48 hours of service of the order. After taking possession, the law enforcement agency must provide a copy of the receipt to the restrained party and file the original receipt with the court within 72 hours. The respondent bears the responsibility of completing the transfer within the statutory deadline; failure to do so can result in criminal charges independent of the underlying order.
Separately, a qualifying final protective order issued after notice and a hearing triggers the federal firearm ban under (g)(8). A person subject to such an order may not possess any firearms or ammunition under federal law, regardless of state-level compliance.
What happens if someone violates the order?
Violating an Order of Protection in New Mexico is a criminal offense under NMSA §40-13-6. A first violation is a misdemeanor, punishable under NMSA §31-19-1 by up to one year in jail and a fine of up to $1,000.
The consequences increase significantly for repeat offenders. A second or later conviction carries a mandatory minimum of 72 consecutive hours of jail time that cannot be suspended, deferred, or waived by the court. The court must also order the respondent to pay restitution and to attend mandatory counseling.
Violation of the order may also constitute contempt of court, giving the court an additional enforcement mechanism. Law enforcement officers are authorized to make a warrantless arrest when there is probable cause to believe an order has been violated.
If the respondent violates the order, the petitioner should call 911 immediately, report the violation, and ask that a written report be made. Keeping a record of violations, including dates, times, witnesses, and any evidence, can support future enforcement proceedings.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
For a full overview of protective orders in every state, see the Restraining Order Laws by State hub.
If you are in New Mexico and need help documenting harassment for court, see New Mexico Recording Laws for the rules on recording conversations in your state.
Related New Mexico Protective Order and Family Law Topics
More New Mexico Laws
Frequently Asked Questions
How do I get a restraining order in New Mexico?
File a petition for an Order of Protection at any of New Mexico's 13 District Courts. There is no filing fee. A judge can issue a temporary order the same day if you show immediate danger; a hearing on the final order is scheduled within 10 days. Court self-help centers and domestic-violence advocates can help with forms at no cost.
How long does a restraining order last in New Mexico?
The injunctive provisions of a final Order of Protection (no contact, stay-away) continue until a party moves to modify or rescind them. Custody and support provisions within the order last up to 6 months, extendable for another 6 months on good cause under NMSA §40-13-6.
How much does a restraining order cost in New Mexico?
Filing a domestic violence Order of Protection is free. Under the federal Violence Against Women Act, New Mexico cannot charge a filing fee or a service fee for a domestic violence protective order. The sheriff serves the respondent at no charge.
Can I get a restraining order without a police report?
Yes. An Order of Protection is a civil proceeding filed directly by the petitioner in District Court. No police report, prior criminal complaint, or criminal charges are required. However, a police report documenting incidents of abuse can support your petition.
Does a restraining order take away gun rights in New Mexico?
Yes. If the court finds a credible threat to your safety, the order must direct the respondent to surrender all firearms to law enforcement or a licensed dealer within 48 hours of service under NMSA §40-13-13. The agency must file a receipt with the court within 72 hours of taking possession. Additionally, a qualifying final order triggers the federal ban on firearm possession under 18 U.S.C. §922(g)(8).
What happens if the respondent violates the order?
Violation is a misdemeanor under NMSA §40-13-6, punishable by up to one year in jail and a fine up to $1,000 for a first offense. A second or later conviction requires at least 72 consecutive hours in jail that cannot be suspended. Call 911 immediately if the order is violated and document the incident for the record.
Do I need a relationship with the respondent to get a restraining order in New Mexico?
Not always. New Mexico's Order of Protection under the Family Violence Protection Act normally requires a qualifying household or intimate relationship, but NMSA §40-13-2 defines 'domestic abuse' to also include stalking or sexual assault committed by someone who is not a household member. If you were harmed by a stranger, coworker, or anyone else you have no personal connection with, you can still file for an Order of Protection under that provision.
Updates
Corrected a fabricated second order type: New Mexico does not have a separate 'Sexual Assault Protective Order' under NMSA 40-13A (that article covers interstate enforcement of existing orders). Sexual-assault and stalking victims with no relationship to the offender are already covered by the same Order of Protection under the Family Violence Protection Act, per NMSA 40-13-2's definition of domestic abuse. Also replaced two dead nmonesource.com citation links.
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 31
§ 31-19-1Sentencing authority[;] misdemeanors; imprisonment and fines; probation.In forcecited in 6 of our articles
A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge. B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge. C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 27 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Ramos (New Mexico Supreme Court 2013, 2013 NMSC 31)“…year, or payment of a fine of not more than $1000, or both. NMSA 1978, § 31-19-1(A) (1984). {13} The statute does not s…”
- State v. Johnson (New Mexico Court of Appeals 1988, 107 N.M. 356)“…robation were within the authority of the magistrate court. NMSA 1978, § 31-19-1 (Repl.Pamp.1987). If the only re…”
- State v. NICK R. (New Mexico Supreme Court 2009, 147 N.M. 182)“…sdemeanor criminal penalty of up to six months in jail, and NMSA 1978, § 31-19-1(B) (1984), for carrying “a concealed lo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Recording Laws (2026): One-Party Consent Rules, New Mexico Surveillance Camera Laws (2026 Guide)
New Mexico Statutes Annotated 1978, Chapter 40
§ 40-13-1Short titleIn forcecited in 2 of our articles
Chapter 40, Article 13 NMSA 1978 may be cited as the "Family Violence Protection Act".
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 24 court opinionsMost recently applied by a court: 2026
Leading cases:
- State v. Almanzar (New Mexico Supreme Court 2013, 2014 NMSC 1)“…tion. {19} The Family Violence Protection Act (“the Act”), NMSA 1978, §§ 40-13-1 to -12 (1987, as amended through 2013)…”
- State v. Trujillo (New Mexico Court of Appeals 1998, 126 N.M. 603)“…ld member as defined in the Family Violence Protection Act [NMSA 1978, §§ 40-13-1 to -7 (1987, as amended through 1995)].…”
- State v. Wilson (New Mexico Supreme Court 2006, 140 N.M. 218)“…ic abuse under the Family Violence Protection Act (“FVPA”), NMSA 1978, Sections 40-13-1 through 40-13-10 (1987 as amended throu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40-13-13Relinquishment of firearms; penaltyIn forcecited in 2 of our articles
A. After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party's immediate possession or control or subject to the restrained party's possession or control in a safe manner to a law enforcement officer, a law enforcement agency or federal firearms licensee within forty-eight hours of service of the order. B. A law enforcement officer or law enforcement agency shall take possession of all firearms subject to the order of protection that are relinquished by the restrained party or are in plain sight or are discovered pursuant to a lawful search. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 40-13-5
§ 40-13-2DefinitionsIn force
As used in the Family Violence Protection Act: A. "continuing personal relationship" means a dating or intimate relationship; B. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time; C. "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found; D. "domestic abuse": (1) means an incident of stalking or sexual assault whether committed by a household member or not; (2) means an incident by a household member against another household member consisting of or resulting in: (a) physical harm; (b) severe emotional distress; (c) bodily injury or assault; (d) a threat causing imminent fear of bodily injury by any household member; (e) criminal trespass; (f) criminal damage to property; (g) repeatedly driving by a residence or work place; (h) telephone harassment; (i) harassment; (j) strangulation; (k) suffocation; or (l) harm or threatened harm to children as set forth in this paragraph; and (3) does not mean the use of force in self-defense or the defense of another; E.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 12 court opinionsMost recently applied by a court: 2021
Leading cases:
- State v. Powels (New Mexico Court of Appeals 2003, 134 N.M. 118)“…estic abuse and because the Family Violence Protection Act, NMSA 1978, § 40-13-2(C)(6) (1995), defines "domestic abuse"…”
- State v. Stein (New Mexico Court of Appeals 1999, 127 N.M. 362)“…r for purposes of this section.... Id. § 3 (codified at NMSA 1978, § 40-13-2(D) (1995)) (emphasis added). {15} Cha…”
- Lujan Ex Rel. Lujan v. Casados-Lujan (New Mexico Court of Appeals 2003, 135 N.M. 285)“…ldren as set forth in the paragraphs of this subsection}.]” NMSA 1978, § 40-13-2(0(11) (1995). A logical reading of this…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40-13-5Order of protection; contents; remedies; title to property not affected; mutual order of protection.In forcecited in 2 of our articles
A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to: (1) refrain from abusing the protected party or any other household member; and (2) if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity to be heard or by stipulation of the parties, to: (a) deliver any firearm in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee while the order of protection is in effect; and (b) refrain from purchasing, receiving, or possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect. B. In an order of protection entered pursuant to Subsection A of this section, the court shall specifically describe the acts the court has ordered the restrained party to do or refrain from doing.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 11 court opinionsMost recently applied by a court: 2023
Leading cases:
- State v. Stein (New Mexico Court of Appeals 1999, 127 N.M. 362)“…s of domestic violence, such as orders of protection. See NMSA 1978, § 40-13-5 (1993). {19} In contrast, including t…”
- Greenham v. Greenham-Rodriguez (New Mexico Court of Appeals 2023)“…stody matters be dealt with in the divorce case pursuant to NMSA 1978, Section 40-13-5(C) (2008). [CN 6] In the memorandum in…”
- Scott v. Gonzales (New Mexico Court of Appeals 2021)“…40-13-2(D)(2)(b),(l) (2019) (defining “domestic abuse”); NMSA 1978, § 40-13-5(A) (2019) (“Upon finding that domestic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40-13-6Service of order; duration; penalty; remedies not exclusiveIn forcecited in 2 of our articles
A. An order of protection granted under the Family Violence Protection Act shall be filed with the clerk of the court, and a copy shall be sent by the clerk to the local law enforcement agency. The order shall be personally served upon the restrained party, unless the restrained party or the restrained party's attorney was present at the time the order was issued. The order shall be filed and served without cost to the protected party. B. A local law enforcement agency receiving an order of protection from the clerk of the court that was issued under the Family Violence Protection Act shall have the order entered in the national crime information center's order of protection file within seventy- two hours of receipt. This does not include temporary orders of protection entered pursuant to the provisions of Section 40-13-4 NMSA 1978. C. An order of protection granted by the court involving custody or support shall be effective for a fixed period of time not to exceed six months. The order may be extended for good cause upon motion of the protected party for an additional period of time not to exceed six months.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 31-19-1
Cited in 12 court opinionsMost recently applied by a court: 2023
Leading cases:
- State v. Ramos (New Mexico Supreme Court 2013, 2013 NMSC 31)“…he street for violation of the protective order pursuant to NMSA 1978, Section 40-13-6(D) (2008) (describing how a peace offic…”
- State v. SMILE (New Mexico Court of Appeals 2009, 146 N.M. 525)“…e offense for a single violation of a protective order, see NMSA 1978, § 40-13-6(F) (2008) (establishing that a single v…”
- State v. Pamphille (New Mexico Court of Appeals 2020, 482 P.3d 1241)“…8 (1981), and violating an order of protection, contrary to NMSA 1978, Section 40-13-6 (2013). We affirm. BACKGROUND {2}…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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Sources and References
- New Mexico Courts, Domestic Violence: Orders of Protection(domesticviolence.nmcourts.gov).gov
- NMSA 1978 §§40-13-1 to 40-13-12, Family Violence Protection Act (via Justia)(law.justia.com)
- NMSA §40-13-13, Family Violence Protection Act (firearms surrender) (via Justia)(law.justia.com)
- NMSA §40-13-2, Family Violence Protection Act ('domestic abuse' includes sexual assault/stalking regardless of household relationship)(law.justia.com)