New Mexico § 40-13-3 Petition for order of protection; contents; standard forms

New Mexico Statutes

§ 40-13-3 — Petition for order of protection; contents; standard forms

New Mexico § 40-13-3

Ch. 40Domestic Affairs

Art. 13Family Violence Protection

This text of New Mexico § 40-13-3 (Petition for order of protection; contents; standard forms) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-13-3 (2026).

Text

A.A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection.

B.The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.

C.The petition shall state whether any other domestic action is pending between the petitioner and the respondent.

D.If any other domestic action is pending between the petitioner and the respondent, the parties shall not be compelled to mediate any aspect of the case arising from the Family Violence Protection Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards.

E.An action brought under the Family Violence Protection A

Free access — add to your briefcase to read the full text and ask questions with AI

A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection. B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse. C. The petition shall state whether any other domestic action is pending between the petitioner and the respondent. D. If any other domestic action is pending between the petitioner and the respondent, the parties shall not be compelled to mediate any aspect of the case arising from the Family Violence Protection Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards. E. An action brought under the Family Violence Protection Act is independent of any proceeding for annulment, separation or divorce between the parties. F. Remedies granted pursuant to the Family Violence Protection Act are in addition to and shall not limit other civil or criminal remedies available to the parties. G. Standard simplified petition forms with instructions for completion shall be available to all parties. Law enforcement agencies shall keep such forms and make them available upon request to alleged victims of domestic abuse.