New Mexico Restraining Order Laws (2026): How to Get an Order of Protection
New Mexico Restraining Order Laws (2026): How to Get an Order of Protection
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 runs two civil tracks. The first is the Order of Protection under the Family Violence Protection Act (NMSA §§40-13-1 to 40-13-12). This order 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 second track is the Sexual Assault Protective Order, added in 2021 under NMSA §40-13A. This order is available to any victim of sexual assault regardless of whether the petitioner and respondent have any existing relationship. Victims who do not qualify for the domestic Order of Protection because they have no household or personal relationship with the offender may use this track instead.
Both orders are civil proceedings filed directly by the petitioner. They complement, but are 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 and the person who harmed you does not fit any of those categories, a Sexual Assault Protective Order under NMSA §40-13A is available to you. No pre-existing relationship is required for that order.
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 18 U.S.C. §922(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.
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Sources
- New Mexico Courts, Domestic Violence: Orders of Protection: https://domesticviolence.nmcourts.gov/court-process-orders-of-protection/
- NMSA 1978 §§40-13-1 to 40-13-12 (Family Violence Protection Act): https://nmonesource.com/nmos/nmsa/en/item/4942/index.do
- NMSA §40-13-13 (firearm provisions): https://nmonesource.com/nmos/nmsa/en/item/4942/index.do
- NMSA §40-13A (Sexual Assault Protective Order, 2021): https://domesticviolence.nmcourts.gov/court-process-orders-of-protection/
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.