Understanding restraining orders
According to the New Mexico Courts, Second Judicial District (https:// second district court. nmcourts.gov/home/courts/ family-court/civil-restrainingorder/):
Civil Restraining Order
You can ask for this court order if you are worried about your safety because someone stalked, harassed, threatened you with violence, financially abused you, or sexually assaulted you.
The court can order a person not to: Threaten or harass you, contact or go near you, your home, your work, or have a gun. You can also ask for protection of your family members or other household members.
A Restraining Order is different from a Domestic Violence Order of Protection.
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.
You may request a Civil Harassment Restraining Order against people who are not close to you. Petitions for a restraining order are filed in civil court if a domestic relationship does not exist between the victim and abuser such as roommates, neighbors, co-workers, or non-immediate family members. This type of order is not for people who have dated or who are closely related.
Application for Civil Restraining Order
On the website there is a link to the forms and instructions. What follows is a summary of the instructions. This is not legal advice. Refer to the entire instructions and seek further information.
1. Complete the Verified Application for Restraining Order form. The application must be signed before a notary public. The application includes space to describe the defendant(s)’ serious harm or threats of harm to the plaintiff(s). The form includes a box to check to request a Temporary Restraining Order.
2. You prepare an original set of documents and a complete set for your records. You must prepare an additional set of copies for each defendant.
3. File the documents with the clerk’s office at the courthouse. There is a filing fee of $132.00. The case is randomly assigned to a civil judge and given a case number.
4. After the case is filed, bring your application papers to the office of the judge assigned to your case and show your papers to the trial court administrative assistant — TCAA. Ask if the judge is available to review the application now or if you should leave your papers with the TCAA for later review. If the judge has set a hearing, be sure to return to the clerk’s office on the first floor to file the original order. The clerk will endorse stamp the copies and return them to you.
5. It is your responsibility to arrange for service on the defendant(s) by having a person over the age of 18 and not a party to this action serve the documents. YOU CANNOT SERVE THE PAPERS YOURSELF. You can contact the Sheriffs Department or a private process server.
6. After the defendant(s) has (have) been served, the Sheriffs Department or process server will fill out and send the completed Return(s) of Service to you by mail. You must return to the civil division on the first floor to file the Return(s) of Service, which is (are) proof that the Defendant(s) was (were) served.
7. Attend the hearing at the date and time set. Bring evidence, such as witnesses or documents, and be prepared to prove the claims in your application.
Temporary Restraining Order
Is a court order prohibiting someone from contacting or approaching another person. It will only last up to 10 days, followed by a court hearing to determine additional action.
If there is a violation of a Civil Restraining Order, the police cannot arrest the violator. (Domestic Violence Order of Protection provides more protection.)
Community Legal Resources
On Second District Court website, there is a link to community legal resources. https:// seconddistrictcourt.nmcourts.gov/ home/community-legal-resources/
Twenty-six types of legal issues are listed, with the links to a variety of services in the different categories. There is a category for Attorney Referral Programs. The Bridge to Justice Legal Assistance Programs (800-876-6227 or 505797-6066, www.nmbar.org) and Albuquerque Bar Association Lawyer Referral Service (505-2432615, www.abqbar.com) provide a low cost 30-minute consultation with a private attorney. This does not guarantee the attorney will take your case. Fees for representation will apply.
Domestic Violence Order of Protection provides more protection than Restraining Orders. If you are in a domestic violence situation, seek help and the order that fits the situation.