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A Domestic Violence Order of Protection is a civil order that may be issued when a person files 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. A person may also file against someone who is not a household member if the person is being stalked or was sexually assaulted. If a Temporary Order of Protection is issued, it is in effect until a hearing is held to determine if an Order of Protection should be issued.
How does an Order of Protection help me? An Order of Protection can restrain the abusing party from committing acts of domestic violence; can exclude the abusing party from your home, work, school or daycare; can require “no contact” in person, by telephone, notes, letters, telegrams, pagers, e-mail of third party; provides other appropriate relief such as temporary custody of children and child support; and allows the police to arrest the abuser if there is a violation of the Order after it has been served on the abusing party.
Petitions for a restraining order are filed in Civil Court if a domestic relationship does not exist between the victim and abuser (i.e. brother, sister, aunt, uncle, nephew, niece). Click here for more information on civil restraining orders.
Watch the following videos to learn about Orders of Protection, including what is Domestic Abuse as defined under the Family Protection Act, what information is needed when requesting an Order of Protection, and ten-day hearings.
- Domestic Violence Part 1 – Orders of Protection: What is Domestic Abuse as defined under the Family Protection Act?
- Domestic Violence Part 2 – Orders of Protection: What Information is Needed to Request an Order of Protection?
- Domestic Violence Part 3 – Orders of Protection: What is a 10-Day Hearing and how should you prepare for one if it is scheduled?
Per Supreme Court Order No. 20-8500-002, the Domestic Violence Division will accept filings by email or by fax from self-represented litigants to minimize the need for self-represented litigants to enter the courthouse to file a document in person. Filing by email or fax may also be permitted by attorneys in case-types that are not eligible for electronic filing through the File and Serve system. The email address is firstname.lastname@example.org and the fax filing telephone number is 505-841-5460.
400 Lomas Blvd NW
Room 274, 2nd Floor
Albuquerque, NM 87102
Monday – Friday: 8 a.m. – 12 p.m. and 1 – 5 p.m.
(Forms may be picked up)
Completed paperwork accepted
Monday – Friday: 8:30 a.m. – 10:30 a.m. and 1 – 3 p.m.