The Court Clerk’s office provides free Order of Protection (also known as a Domestic Violence Restraining Order) legal form packets during business hours.

There is no fee to file these documents. Special Commissioner, Joseph Arite, is the domestic violence hearing officer for the 13th Judicial District Court in Cibola County.

Under the New Mexico Family Violence Protection Act (§§ 40-13-1 through 40-13-10, New Mexico Statutes Annotated), domestic abuse is defined as any incident by a household member against another household member 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

A household member is defined as a spouse, former spouse, relatives, parents, present or former stepparents, present or former in-laws, child or co-parent of a child, or any person with whom the Petitioner has had a continuing personal relationship. The parties do not have to live together to be considered “household members.”

Procedure

1. A person filling out and filing the Petition for Order of Protection document is the Petitioner. The Petition can be filed in the county where the Petitioner resides or can be found.
2. Once the Petition is completed by the Petitioner, the Domestic Violence Commissioner reviews the Petition to determine whether it satisfies the requirements of law and whether it gives the Commissioner reason to believe that an act of domestic abuse has occurred. If so, the Commissioner will grant a Temporary Order of Protection.
3. The Petition and Temporary Order of Protection are served by the Sheriff’s Department or local law enforcement on the Respondent. There is no fee for serving these documents. The Respondent has an opportunity to answer or respond to what is stated in the Petition.
4. At the time the Temporary Order of Protection is issued, a hearing date is set. Both the Petitioner and Respondent are required to be at the hearing. Be on time. DO NOT BRING CHILDREN unless you have the Court’s permission. Both parties are entitled to representation by an attorney of their choice. Both parties should have all their evidence (documents, police reports, medical reports, photographs, etc.) and witnesses present on the day of the hearing.
5. At the hearing, the Commissioner will ask the parties to present their case and evidence. At the end of the hearing, the Commissioner will decide whether to issue a long term Order of Protection.
6. If an Order of Protection is issued, the Court will determine an expiration date at the time of the hearing. The Order of Protection may provide for temporary custody and support of children where applicable which expires 6 months from the date the order is issued and may be extended for 6 more months upon motion to the Court.
7. Neither party should ignore what is stated in the Order of Protection. The Petitioner should keep a copy of the Order of Protection with her/him at all times. The Petitioner should inform family, friends, employers, neighbors, the children’s schools and doctor that there is an Order of Protection in effect. If the Respondent violates the Order of Protection in any way, the Petitioner should immediately call the police. The Petitioner may also seek to have the Respondent held in contempt of court for violating the Court’s Order. Forms are available in the clerk’s office.