4-963A. Temporary order of protection against petitioner and order to appear.
[Family Violence Protection Act, NMSA 1978, Sections 40-13-1 to 40-13-8]
STATE OF NEW MEXICO
COUNTY OF __________________
__________________ JUDICIAL DISTRICT
______________________________, Petitioner
v. No. ____________
______________________________, Respondent
TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER
AND ORDER TO APPEAR
The court has reviewed the sworn counter-petition alleging domestic abuse. The court having considered the petition, FINDS that the court has jurisdiction and that there is probable cause to believe that an act of domestic abuse has occurred. The court ORDERS:
[ ] 1. The petitioner shall not write to, talk to, visit, or contact the respondent in any way except through the respondent’s lawyer, if the respondent has a lawyer.
[ ] 2. The petitioner shall not abuse the respondent or the respondent’s household members in any way. “Abuse” means any incident by the petitioner against the respondent or the respondent’s household members resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threat causing imminent fear of bodily injury; (5) criminal trespass; (6) criminal damage to property; (7) repeatedly driving by a residence or work place; (8) telephone harassment; (9) stalking; (10) harassment; (11) harm or threatened harm to children in any manner set forth above.
[ ] 3. The petitioner shall not ask or cause other persons to abuse the respondent or the respondent’s household members.
[ ] 4. The petitioner shall not go within __________ yards of the respondent’s home or school or work place. The petitioner shall not go within __________ yards of the respondent at all times except ________________________________. If at a public place, such as a store, the petitioner shall not go within __________ yards of the respondent.
[ ] 5. The petitioner shall not post or cause another to post anything about the respondent on any form of social media, including, but not limited to, Facebook, Twitter, Instagram, or Snapchat. This prohibition includes posts about the respondent’s family members, significant other, and children.
[ ] 6. ______________________________ (first and last name of party) shall have temporary physical custody of the following child(ren):
Child’s Name Date of Birth
____________________________ _______________
____________________________ _______________
____________________________ _______________
[ ] 7. With respect to the child(ren) named in the preceding paragraph, ___________________________ (first and last name of party) shall have:
[ ] A. No contact with the child(ren) until further order of this court and shall stay __________ yards away from the child(ren)’s school.
[ ] B. Contact with the child(ren), subject to: ______________________________________________________________________
_____________________________________________________________________.
[ ] 8. Neither party shall remove the child(ren) named in Paragraph 5 from the state of New Mexico or disenroll them from the child(ren)’s present school during the period of this temporary order of protection.
[ ] 9. The court may decide temporary child and interim support at the hearing listed below. Both parties shall bring to the hearing proof of income in the form of the two latest pay stubs or the federal tax returns from the previous year, proof of work-related daycare costs, and proof of medical insurance costs for the child(ren).
[ ] 10.
[ ] A. The petitioner is ordered to immediately leave the residence at ________________________________________ and to not return until further court order.
[ ] B. Law enforcement officers are hereby ordered to evict the petitioner from the residence at ________________________________________________.
[ ] C. The petitioner is ordered to surrender all keys to the residence to law enforcement officers.
[ ] 11. Law enforcement officers or __________________________________ shall accompany [ ] the respondent [ ] the petitioner to remove essential tools (as specified in No. 14), clothing, and personal belongings from the residence at _____________________________________________________________________.
[ ] 12. Neither party shall transfer, hide, add debt to, sell, or otherwise dispose of the other’s property or the joint property of the parties except in the usual course of business or for the necessities of life. The parties shall account to the court for all changes to property made after the order is served or communicated to the party. Neither party shall disconnect the utilities of the other party’s residence.
[ ] 13. This order supersedes any inconsistent prior order in Cause No. ______________ and any other prior domestic relations order and domestic violence restraining orders between these two parties.
[ ] 14. Other: _____________________________________________________________________.
[ ] 15. While this order of protection is in effect, the respondent should refrain from any act that would cause the petitioner to violate this order. This provision is not intended to and does not create a mutual order of protection. Under NMSA 1978, Section 40-13-6(D), only the restrained party can be arrested for violation of this order.
HEARING
IT IS FURTHER ORDERED that the parties shall appear in the _________________ Judicial District Court, Room ________, at ____________________, before ________, at ____________ (a.m.) (p.m.) on __________________ (date) for hearing on whether an extended order of protection against domestic abuse will be issued. Either party may bring witnesses or evidence and may be represented by counsel at this hearing. The petitioner may file a Response to the Petition for Order of Protection from Domestic Abuse, see Form 4-962 NMRA, on or before the hearing. If the petitioner fails to attend this hearing, an extended order may be entered by default against the petitioner and a bench warrant may be issued for the petitioner’s arrest. If the respondent willfully fails to appear at this hearing, the counter-petition may be dismissed. This order remains in force until ________________________, __________________________. If an order of protection is entered, the restrained party is prohibited from receiving, transporting, or possessing a firearm or destructive device while the order of protection is in place. If at the hearing the court finds that the restrained party presents a credible threat to the physical safety of the protected party, the court shall order the restrained party (a) to immediately 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) to refrain from purchasing, receiving, or possessing, or attempting to purchase, receive, or possess any firearm while the order of protection is in effect.
DO NOT BRING ANY CHILDREN TO THE HEARING WITHOUT PRIOR PERMISSION OF THE COURT.
ENFORCEMENT OF ORDER
If the restrained party violates any part of this order, the restrained party may be charged with a crime, arrested, held in contempt of court, fined, or jailed.
SERVICE AND NOTICE TO LAW ENFORCEMENT AGENCIES
Upon the signing of this order by a district court judge, a law enforcement officer shall serve on the petitioner a copy of this order and a copy of the counter-petition.
A LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER.
[ ] I have reviewed the counter-petition for an order of protection and made recommendations to the district judge regarding its disposition.
____________________________ ____________________________
(Signed) Court telephone number
____________________________
(Title)
SO ORDERED:
____________________________ ____________________________
District Judge Date and time approved
USE NOTES
1. The temporary order of protection and order to appear requires a proof of return of service. The committee has been informed that each local law enforcement agency has its own return of service form, which will be used for this purpose.
2. Personal service of the temporary order of protection and order to appear will assure that the temporary order is fully enforceable. It is possible that actual notice to the petitioner of the content of the temporary order will also suffice to bind the petitioner to comply with the order. Territory of New Mexico v. Clancy, 1894-NMSC-012, 7 N.M. 580, 37 P. 1108.
[Approved, effective May 1, 2001; as amended by Supreme Court Order No. 07-8300-020, effective September 17, 2007; by Supreme Court Order No. 08-8300-040, effective December 15, 2008; as amended by Supreme Court Order No. 19-8300-009, effective for all orders issued on or after July 1, 2019; as amended by Supreme Court Order No. 20-8300-010, effective for all cases pending or filed on or after December 31, 2020.]