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Domestic Violence FAQs
If you need immediate assistance, call 911.
Can I file against my neighbor?
Unless your neighbor meets the definition of a household member, is stalking you, or sexually assaulted you, you will need to seek a Civil Restraining Order.
Do I have to include my home address in the Petition or Counter-Petition?
You may fill out a request for the Court to seal your address, which if granted means that your address will not be revealed. You must, however, give the Court a valid mailing address to contact you.
Do I have to notify the Court if I change my address?
Yes, you should keep the Court informed of your most current address.
What do I do if the other party violates the Order?
Call law enforcement, as appropriate. Both parties should follow a DV Order of Protection. There are forms for you to complete if the other party is not following a DV Order of Protection. The paperwork and hours of operation are above under where to file for a DV Order of Protection.
Can I bring in my cell phone to show the Court phone logs, texts, or pictures?
Yes, let DV staff know you will need to bring in a cell phone for evidence at your hearing.
Can I file against more than one person in the Petition?
No, you must file against each person you would like to have a DV Order of Protection against.
Who can serve the paperwork?
Law Enforcement, Process Server, or a person who is at least 18 years of age and not a party to the case. If the party who needs to be served lives in Bernalillo County, the paperwork can be given to the Bernalillo County Sheriff’s Office at 400 Roma NW to be served for no fee.
Can I include other people for protection in the Petition or Counter-Petition?
The restricted party is prohibited from having contact with people in your household while they are in your household. The Order may include additional restrictions; however, other people may need to file their own Petition.
How long does the process take?
Once the paperwork is accepted by the DV Division, you may wait up to four hours for your return paperwork.
What happens when I go to the DV Division to file for a DV Order of Protection?
After you fill out the paperwork, DV staff will do a brief review of the paperwork to make sure everything is complete. You will then be asked to wait until your paperwork is reviewed and processed. This can take up to four hours to complete. It is important to stay in case there are any questions about your paperwork. You will have a decision made the same day regarding your request for a DV Order of Protection. If your request is granted, you will be given Temporary Order of Protection with instructions about your hearing date and serving the other party. You may be given an Order to Appear at a hearing so the Court can get more information about the reasons why you are requesting an Order of Protection, or the Court could dismiss your request.
What if I cannot attend the hearing?
You need to ask the Court in writing for another hearing date and time. State the reasons why you cannot attend the hearing and file with the Court at least five days in advance. The hearing date is not cancelled unless you get paperwork from the Court telling you there is a new date and time for your hearing.
Do I need to go to a hearing for an Order of Protection?
Yes. If the Court grants a Temporary Order of Protection, you will have a hearing date and time for the Court to gather evidence and determined if an Order of Protection will be issued. The hearing will not be the same day you ask for a DV Order of Protection, but will be set so there is time to serve the other party.
Will someone at the Court help me fill out the DV paperwork?
Court staff cannot help you fill out the paperwork; however DV staff and the Center for Self Help and Dispute Resolution can help answer your questions about the forms or process. If you need help filling out the forms, refer to the DV Resources List.
Who can I file against for a DV Order of Protection?
You may request a Domestic Violence Order of Protection to be issued when you file against a household member and there are acts or threatened acts of abuse. A household member does not have to be living in the same home, but does include the following people: Parent, child, spouse or former spouse, current or former girlfriend or boyfriend, grandparent, or grandchild. You may also file against someone who is not a household member if you are being stalked or were sexually assaulted.
When can I file for a DV Order of Protection?
All paperwork for filing a Domestic Violence Order of Protection is available at the Second Judicial District Court on the Second Floor in Room 274, Downtown Location, during regular business hours. The office is closed during lunchtime. Completed paperwork is accepted Monday through Friday from 8:30-10:30 a.m. and from 1-3 p.m. Forms can be picked up Monday through Friday from 8-12 p.m. and 1-5 p.m. Be prepared to wait up to four hours for your paperwork to be processed. Domestic Violence staff cannot fill in the paperwork for you or give you legal advice. If you need help filling out the forms you may want to contact the Family Advocacy Center at 505-243-2333 to help you.
Is there a fee to file for a DV Order of Protection?
No, there are no fees for filing a Domestic Violence case. (Per page copy fees may apply if you do not wait to receive your paperwork at the time of your hearing.)
Can I file for a DV Order of Protection from home or download the forms?
No, you will need to come in person to get the forms to fill out with your information. You may also seek assistance from an advocate who can help you fill out the forms. Please see the list of DV Resources if you would like help from an advocate.
400 Lomas Blvd NW
Room 274, 2nd Floor
Albuquerque, NM 87102
Monday – Friday: 8:30 a.m. – 12 p.m. and 1 p.m. – 3 p.m.
(Forms may be picked up)
Completed paperwork accepted
Monday – Friday: 8:30 a.m. – 10:30 a.m. and 1 p.m. – 3 p.m.
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