If you are facing a restraining order, it is essential to understand the potential legal and personal consequences:

• Criminal Charges: A party accused of violating an order of protection under the Family Violence Protection Act can face misdemeanor criminal charges. If convicted of violating the order a second time, the accused party will be required to serve at least seventy-two consecutive hours in jail. Further violations could result in felony charges, depending on the circumstances. Additionally, the restrained party may also face civil liability.
• Firearm Restrictions: A protection order may require you to surrender any firearms in your possession to law enforcement and prohibit you from purchasing, receiving, or possessing firearms while the order is in effect.
• Loss of Residence and Custody Rights: A protection order may grant sole possession of a shared residence to the petitioner, award temporary custody of children to the petitioner, determine visitation rights, and mandate child support payments. Additionally, the court may restrict the restrained party from transferring or disposing of shared property.
• Impact on Employment and Financial Standing: A protection order can appear on background checks, potentially affecting your employment prospects. Similarly, applications for loans or housing may be denied due to the presence of a protection order on your record.

Having an experienced restraining order attorney represent you at your hearing can make a significant difference in the outcome of your case. The legal strategies available to you depend on the specifics of your situation. Some approaches an attorney may take include:

• Challenging the Petition: Your attorney can present legal arguments and evidence to request the denial of the restraining order.
• Filing a Counter-Petition: If you have grounds, your attorney may help you file a counter-petition.
• Negotiating a Resolution: Your attorney may work to resolve the matter favorably without a formal hearing or a finding of abuse.

• Challenging Impositions: If an order is granted, your attorney can argue against excessive or unnecessary restrictions placed on you.

In New Mexico, an alleged victim of domestic abuse may seek an order of protection under the Family Violence Protection Act. Once a petition is filed, the court is required by law to immediately grant a temporary ex parte order of protection if there is probable cause to believe that an act of domestic abuse occurred.

Within ten (10) days of granting a temporary order, the court must hold a formal hearing to determine whether to extend the protection order. As the respondent, your presence at this hearing is mandatory, and failure to appear could result in contempt charges.

During the hearing:

• The court will determine whether you and the petitioner meet the definition of “household members” under New Mexico law.
• If no allegations of stalking or sexual assault are made, the judge cannot grant a protection order unless it is established that domestic abuse occurred.
• If the judge finds that domestic abuse took place, they must enter a protection order against you.

If a protection order is granted, law enforcement will enter the order into the National Crime Information Center (NCIC) database within seventy-two (72) hours. The duration of the order can range from six months to several years, depending on the circumstances of the case.