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Legal Services

Overview

Our Domestic Abuse Legal Advocates assist in obtaining protection orders, accompaniment to all courthouse hearings, and other legal proceedings and referrals related to domestic violence; including but not limited to Legal aid, substance abuse, medical and mental health services.

What is the legal definition of domestic abuse in New Mexico?

This section defines domestic violence for the purposes of getting a protection order in New Mexico. Domestic abuse:

— means an incident of stalking or sexual assault whether committed by a household member or not;
— means an incident by a household member against another household member consisting of or resulting in:
 

  • physical harm

  • severe emotional distress

  • a threat causing imminent fear of bodily injury by any household member

  • criminal damage to property

  • repeatedly driving by a residence or work place

  • telephone harassment

  • harassment

  • harm or threatened harm to children as set forth in this paragraph

  • does not mean the use of force in self-defense or the defense of another


For the act to be considered "domestic violence," you must have a specific relationship with the abuser, which is explained below.

Am I eligible for a Domestic Violence Protection Order?

A protection order protects you from abuse by a 'Household' member defined as:
 

  • spouse or former spouse

  • parent, present or former stepparent, present or former parent in-law, grandparent, grandparent- in-law, child, stepchild, grandchild, co-parent of a child

  • a person with whom you have had a continuing personal relationship (dating relationship)


Also, you may be eligible for a protection order if there has been a stalking or sexual assault incident regardless of whether it was committed by a household member or not. There is no fee for this kind of order.

Civil Restraining Orders

All other relationships that do not meet the criteria of *Household* member, fall under the category ‘Civil.’ The court processes Civil Restraining Orders for a fee. Domestic Abuse Advocates do not work with Civil Restraining Orders.

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