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All Laws Decoded

How to Get a Restraining Order in New Mexico

In New Mexico these are called Order of Protection from Domestic Abuse (Temporary Order of Protection and Order of Protection) under the Family Violence Protection Act; Extreme Risk Firearm Protection Order (ERFPO). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.

Quick answers for New Mexico

Cost
Free. There are no costs or fees to file, and the local sheriff's office serves the other party for free. NMSA 1978, §40-13-3.1; NM Courts FAQ
Emergency / temporary orders
In most cases a judge reviews the petition the same day you file it and decides, without a hearing, whether to issue a Temporary Order of Protection; be prepared to wait at the court for a few hours or all day. NM Courts, Court Process - Orders of Protection
How long an order lasts
The order states its end date. Its general protective terms continue until modified or rescinded, while custody and child support terms last no more than 6 months and can be extended once for good cause for up to 6 more months. NMSA 1978, §40-13-6(B), as quoted in Supreme Court Form 4-965 committee commentary
Where to ask
The District Court in the county where the abuse happened or where you currently live (only District Courts issue Orders of Protection). NM Courts, Court Process - Orders of Protection

Last verified: 2026-10-25

Safety first

Getting an order

Types of ordersOrders of Protection from Domestic Abuse under the Family Violence Protection Act, available against household members and against anyone who has sexually assaulted or stalked you. A Temporary Order of Protection is issued first, followed by an Order of Protection after a hearing. New Mexico courts also handle Extreme Risk Firearm Protection Orders. (In New Mexico, a 'restraining order' is a different civil order used for neighbors, roommates, co-workers and others.)
Source: NMSA 1978, §40-13-1 et seq.; NM Courts Domestic Violence site
Who can ask for an orderAnyone abused by a household member: a current or former spouse; a parent, stepparent or parent-in-law (present or former); a grandparent or grandparent-in-law; a child, stepchild or grandchild; someone you have a child with; or someone you have dated or had an intimate relationship with. You do not have to live together. Siblings, aunts and uncles, cousins, roommates and most in-laws do not qualify. Any victim of sexual assault or stalking can file regardless of relationship.
Source: NMSA 1978, §40-13-2; NM Courts Domestic Violence site
Where to askThe District Court in the county where the abuse happened or where you currently live (only District Courts issue Orders of Protection). Print and fill out the petition and the service-of-process information form and bring them in person; District Courts cannot accept the petition by email or fax. Court staff can write your answers on the form if you cannot, and domestic violence and legal aid programs can help.
Source: NM Courts, Court Process - Orders of Protection
CostFree. There are no costs or fees to file, and the local sheriff's office serves the other party for free.
Source: NMSA 1978, §40-13-3.1; NM Courts FAQ

Emergency orders and the hearing

Emergency / temporary ordersIn most cases a judge reviews the petition the same day you file it and decides, without a hearing, whether to issue a Temporary Order of Protection; be prepared to wait at the court for a few hours or all day. The temporary order lasts until a hearing where both sides can appear.
Source: NM Courts, Court Process - Orders of Protection
Serving the orderThe respondent must be personally served with the petition and temporary order. Do not serve the papers yourself; the sheriff's office will serve them free of charge, or you can hire a process server.
Source: NM Courts, Court Process - Orders of Protection
The court hearingA hearing is usually set within 10 days of the temporary order. The respondent must be personally served first, or the hearing is reset. You must attend; you can bring witnesses, photos, police reports, and phone messages, and an advocate can sit with you.
Source: NM Courts, Court Process - Orders of Protection
How long an order lastsThe order states its end date. Its general protective terms continue until modified or rescinded, while custody and child support terms last no more than 6 months and can be extended once for good cause for up to 6 more months. To ask for an extension, return to court with a copy of the order at least 3 weeks before it expires.
Source: NMSA 1978, §40-13-6(B), as quoted in Supreme Court Form 4-965 committee commentary

What the order does

What an order can requireOrder the respondent not to abuse you (physically, emotionally or financially), to stay away from your home, work, school or child's daycare, and to have no contact in person, by phone, text, letter, email, social media or through others. It can also give temporary custody and child support (up to 6 months), limit or deny visitation or require supervised visits, and order the respondent to attend a domestic violence offender program.
Source: NMSA 1978, §40-13-5; NM Courts, Court Process - Orders of Protection
FirearmsIf the court finds the respondent is a credible threat to the protected party's physical safety, it orders the respondent to deliver any firearm to law enforcement or a federally licensed dealer within 48 hours and not to buy, receive or possess firearms while the order is in effect. Possessing a firearm in violation of the order can be charged as a misdemeanor (up to 364 days and/or $1,000).
Source: NM Supreme Court Form 4-965 (Order of Protection); NMSA 1978, §30-7-16
If the order is violatedViolating the order can be charged as a misdemeanor punishable by up to 364 days in jail and/or a $1,000 fine, and the respondent may also be held in contempt of court. Only the restrained party can be arrested for violating the order.
Source: NMSA 1978, §40-13-6; NM Supreme Court Form 4-965

Children and privacy

Minors and childrenA parent or legal guardian may file on behalf of a minor child (or an incompetent adult).
Source: NM Courts, Court Process - Orders of Protection
Keeping your address privateThe Secretary of State's Safe at Home program (formerly the Confidential Address Program) lets survivors of domestic violence, sexual assault or stalking who have moved to a location unknown to the abuser use the Secretary of State's address as a substitute and get first-class mail forwarded. Call toll-free 1-800-477-3632. In the court case, you can ask the court to seal your address (Form 4-961B) and give a mailing address instead.
Source: New Mexico Secretary of State, Safe at Home; NM Courts FAQ

Forms and help in New Mexico

New Mexico protective order FAQ

What kinds of protective orders are available in New Mexico?
Orders of Protection from Domestic Abuse under the Family Violence Protection Act, available against household members and against anyone who has sexually assaulted or stalked you. A Temporary Order of Protection is issued first, followed by an Order of Protection after a hearing. New Mexico courts also handle Extreme Risk Firearm Protection Orders. (In New Mexico, a 'restraining order' is a different civil order used for neighbors, roommates, co-workers and others.)
Who can get a restraining order in New Mexico?
Anyone abused by a household member: a current or former spouse; a parent, stepparent or parent-in-law (present or former); a grandparent or grandparent-in-law; a child, stepchild or grandchild; someone you have a child with; or someone you have dated or had an intimate relationship with. You do not have to live together. Siblings, aunts and uncles, cousins, roommates and most in-laws do not qualify. Any victim of sexual assault or stalking can file regardless of relationship.
Where do I file for a restraining order in New Mexico?
The District Court in the county where the abuse happened or where you currently live (only District Courts issue Orders of Protection). Print and fill out the petition and the service-of-process information form and bring them in person; District Courts cannot accept the petition by email or fax. Court staff can write your answers on the form if you cannot, and domestic violence and legal aid programs can help.
Does it cost money to get a restraining order in New Mexico?
Free. There are no costs or fees to file, and the local sheriff's office serves the other party for free.
How fast can I get an emergency protective order in New Mexico?
In most cases a judge reviews the petition the same day you file it and decides, without a hearing, whether to issue a Temporary Order of Protection; be prepared to wait at the court for a few hours or all day. The temporary order lasts until a hearing where both sides can appear.
What happens at the restraining order hearing in New Mexico?
A hearing is usually set within 10 days of the temporary order. The respondent must be personally served first, or the hearing is reset. You must attend; you can bring witnesses, photos, police reports, and phone messages, and an advocate can sit with you.
How long does a restraining order last in New Mexico?
The order states its end date. Its general protective terms continue until modified or rescinded, while custody and child support terms last no more than 6 months and can be extended once for good cause for up to 6 more months. To ask for an extension, return to court with a copy of the order at least 3 weeks before it expires.
What can a protective order do in New Mexico?
Order the respondent not to abuse you (physically, emotionally or financially), to stay away from your home, work, school or child's daycare, and to have no contact in person, by phone, text, letter, email, social media or through others. It can also give temporary custody and child support (up to 6 months), limit or deny visitation or require supervised visits, and order the respondent to attend a domestic violence offender program.
Does a protective order affect firearms in New Mexico?
If the court finds the respondent is a credible threat to the protected party's physical safety, it orders the respondent to deliver any firearm to law enforcement or a federally licensed dealer within 48 hours and not to buy, receive or possess firearms while the order is in effect. Possessing a firearm in violation of the order can be charged as a misdemeanor (up to 364 days and/or $1,000).
How is a restraining order served in New Mexico?
The respondent must be personally served with the petition and temporary order. Do not serve the papers yourself; the sheriff's office will serve them free of charge, or you can hire a process server.
What happens if someone violates a protective order in New Mexico?
Violating the order can be charged as a misdemeanor punishable by up to 364 days in jail and/or a $1,000 fine, and the respondent may also be held in contempt of court. Only the restrained party can be arrested for violating the order.
Can a minor get a restraining order in New Mexico?
A parent or legal guardian may file on behalf of a minor child (or an incompetent adult).
Can I keep my address confidential in New Mexico?
The Secretary of State's Safe at Home program (formerly the Confidential Address Program) lets survivors of domestic violence, sexual assault or stalking who have moved to a location unknown to the abuser use the Secretary of State's address as a substitute and get first-class mail forwarded. Call toll-free 1-800-477-3632. In the court case, you can ask the court to seal your address (Form 4-961B) and give a mailing address instead.

Protective orders in other states

More New Mexico law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.