New Mexico Forms Library
Decision Information
Chapter 40 - Domestic Affairs - cited by 2,516 documents
Decision Content
4-972. Petition for emergency order of protection from domestic abuse.
[Family Violence Protection Act,
Sections 40-13-1 to 40-13-8 NMSA 1978]
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO ON BEHALF OF:
_______________________________, Petitioner
v. No. __________
_______________________________, Respondent
PETITION FOR EMERGENCY ORDER OF PROTECTION
FROM DOMESTIC ABUSE1
1. INFORMATION ABOUT THE RESPONDENT
The respondent is:
[ ] the husband of [ ] wife of petitioner
[ ] the ex-husband of [ ] ex-wife of petitioner
[ ] a family member of petitioner (describe relationship)
[ ] a person with whom petitioner has had a continuing personal relationship.
(describe relationship)
[ ] a person who has sexually assaulted me
[ ] a person who has stalked me
________ Petitioner’s initials
2. CHILD(REN)
List minor child(ren) who may be in immediate danger or in need of an order of temporary custody.
Relationship of Child
Name Date of Birth To Petitioner To Respondent
_______________ _______________ _______________ _______________
_______________ _______________ _______________ _______________
_______________ _______________ _______________ _______________
_______________ _______________ _______________ _______________
_______________ _______________ _______________ _______________
________ Petitioner’s initials
3. DOMESTIC ABUSE
A. The respondent committed the following act(s) of domestic abuse against petitioner or the petitioner's child(ren).
(describe in detail what happened and when and where)
Physical abuse: ____________________________________________
________________________________________________________________.
Threats which caused fear that _________ or any household member would be injured: ___________________________________________
________________________________________________________________.
Other abuse: _______________________________________________
________________________________________________________________.
B. Others present during the abuse: ________________________________
C. Did drugs or alcohol play a role in the domestic abuse? [ ] yes [ ] no
D. Were weapons used during the abuse? [ ] yes [ ] no.
If yes, what weapons?
E. Has there been prior domestic abuse? [ ] yes [ ] no.
________ Petitioner’s initials
4. REQUESTS TO THE COURT
THE COURT IS REQUESTED TO ENTER AN EMERGENCY ORDER OF PROTECTION prohibiting respondent from abusing petitioner or any member of petitioner's household as follows:
(check applicable)
[ ] providing for law enforcement officers to assist [ ] petitioner [ ] respondent in retrieving [ ] petitioner's [ ] respondent's clothing and personal belongings from the residence at __________________.
[ ] granting petitioner temporary custody of the child(ren) listed in this petition.
[ ] prohibiting respondent from contact with the child(ren) listed in this petition.
[ ] other relief that is necessary to resolve this domestic abuse problem (list or describe what relief is necessary):
________ Petitioner’s initials
5. INFORMATION ABOUT THE PETITIONER (ME)
(If you do not want the respondent to know your address and phone number, do not include it on this form. Tell the court clerk that you need a separate form (Form 4-961B NMRA) for your name and address and request that the clerk place your address under seal.)
[ ] A. I DO NOT WANT RESPONDENT TO KNOW MY ADDRESS NOW OR AFTER THE HEARING FOR THE FINAL ORDER OF PROTECTION. I HAVE COMPLETED FORM 4-961B AND GIVEN IT TO THE COURT CLERK.
OR
[ ] B. My physical address is: ________________________ in the [ ] County [ ] Indian Country of __________________, State of New Mexico.
My mailing address is:
________________________________________ (street address)
________________________________________ (city and zip)
My telephone numbers are:
Home Work Message
______________ ______________ ______________
________ Petitioner's initials
6. LOCATION OF RESPONDENT
A. Respondent may be found at:
______________________________ (address)
______________________________ (city)
______________________________ (state and zip code)
______________________________ (if in Indian Country, please name tribe or pueblo).
Respondent’s:
______________________________ (date of birth)
______________________________ (home telephone number)
______________________________ (work address)
______________________________ (work telephone number).
B. Is respondent in jail? [ ] yes [ ] no
________ Petitioner’s initials
OATH OF PETITIONER
I AFFIRM UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF NEW MEXICO THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST OF MY INFORMATION AND BELIEF.
________________________________ ________________________________
Date Signature of petitioner
OATH OF LAW ENFORCEMENT OFFICER
I affirm under penalty of perjury under the laws of the State of New Mexico that the facts set forth above are true to the best of my information and belief. I understand that it is a criminal offense subject to the penalty of imprisonment if I make a false statement in this petition.
________________________________ ________________________________
Date Signature of law enforcement officer
USE NOTES
1. Complete all information known by the officer.
2. NMSA 1978, Section 40-13-3.1(A)(4) provides that the petitioner in a domestic abuse case shall not be required to pay for the “the filing, issuance or service of a petition for an order of protection.”
[Approved, effective November 1, 1999 until July 1, 2001; as amended, effective August 29, 2000; approved, effective May 1, 2001; as amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008; as amended by Supreme Court Order No. 14-8300-023, effective for all pleadings and papers filed on or after December 31, 2014.]