How to Get an Order of Protection in New Mexico
Reviewed by DocDraft Legal Team · New Mexico · Last updated September 17, 2026
In New Mexico, an Order of Protection is a civil court order under the Family Violence Protection Act (NMSA 40-13-1 and following) that directs a household member to stop abusing, threatening, or stalking you and to stay away from you. You seek one when a spouse, former spouse, family member, co-parent, or someone you live with or have dated has committed or threatened domestic abuse. You start by filing a Petition for Order of Protection from Domestic Abuse with the district court in the county where you live or where the abuse happened. There is no filing fee, because the New Mexico courts charge no cost to file for an Order of Protection. If your petition shows probable cause, a judge can grant an ex parte Temporary Order of Protection the same day, without the other person present (NMSA 40-13-4). That temporary order stays in effect until a hearing, which the court holds within ten days. At the hearing the judge decides whether to issue a longer Order of Protection, and its injunctive terms continue until the court modifies or rescinds them (NMSA 40-13-6). If the courts are closed and you are in immediate danger, a law enforcement officer can request an Emergency Order of Protection that lasts 72 hours (NMSA 40-13-3.2). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in New Mexico
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How do I get an Order of Protection in New Mexico?
File a Petition for Order of Protection from Domestic Abuse with the district court in the county where you live or where the abuse happened. There is no filing fee. If your petition shows probable cause of domestic abuse, a judge can grant a Temporary Order of Protection the same day, and a hearing is held within ten days.
How fast can I get a Temporary Order of Protection in New Mexico?
A judge can issue an ex parte Temporary Order of Protection the same day you file if your petition shows probable cause of domestic abuse (NMSA 40-13-4). If the courts are closed and you are in immediate danger, a law enforcement officer can request an Emergency Order of Protection that lasts 72 hours.
How long does an Order of Protection last in New Mexico?
A Temporary Order of Protection lasts until your hearing, which the court holds within ten days (NMSA 40-13-4). After the hearing, the injunctive terms of a full Order of Protection continue until the court modifies or rescinds them (NMSA 40-13-6). Any custody or support terms last no more than six months.
Which court handles Orders of Protection in New Mexico?
You file in the district court, in the county where you live or where the abuse occurred. New Mexico courts accept petitions from self-represented filers, including by email or fax in some districts, and provide the Petition for Order of Protection from Domestic Abuse and instructions at no cost.
New Mexico order of protection law at a glance
In New Mexico, an Order of Protection is a civil order under the Family Violence Protection Act (NMSA 40-13-1 and following) that stops a household member from abusing, threatening, or stalking you. You ask for one by filing a Petition for Order of Protection from Domestic Abuse with the district court, and there is no filing fee. If your petition shows probable cause of domestic abuse, a judge can grant an ex parte Temporary Order of Protection the same day, without notice to the other person (NMSA 40-13-4). That temporary order lasts until a hearing, which the court holds within ten days. If the judge grants a full order, its injunctive terms continue until the court modifies or rescinds them (NMSA 40-13-6). When the courts are closed, a law enforcement officer can request an Emergency Order of Protection lasting 72 hours (NMSA 40-13-3.2).
Getting a New Mexico order of protection after threats from someone in your home
Suppose someone you live with in New Mexico has threatened you and shown up at your home. You complete a Petition for Order of Protection from Domestic Abuse, describe the threats with dates, and file it with the district court at no cost. The same day, a judge finds probable cause and signs an ex parte Temporary Order of Protection (NMSA 40-13-4), setting a hearing within ten days. A sheriff's deputy serves the other person for free. At the hearing you show screenshots of the threats and testify. The judge issues a full Order of Protection whose no-contact terms continue until the court modifies or rescinds them (NMSA 40-13-6). You keep a copy with you. Attorney review of your petition is available through DocDraft.
Relevant Laws
NMSA 40-13-4 (temporary order of protection; hearing within ten days)
Requires the court to immediately grant an ex parte temporary order of protection if there is probable cause to believe an act of domestic abuse has occurred, and to hold a hearing within ten days after granting the temporary order on the question of continuing it.
NMSA 40-13-3.2 (ex parte emergency order of protection)
Allows a law enforcement officer to request an ex parte emergency order of protection from the district court when a person is in immediate danger of domestic abuse. The order expires seventy-two hours after issuance or at the end of the next judicial day, whichever is later.
NMSA 40-13-6 (duration of an order of protection)
Provides that an order of protection involving custody or support is effective for a fixed period not to exceed six months, while injunctive orders continue until modified or rescinded upon motion by either party or until the court approves a later consent agreement.
New Mexico Courts, Orders of Protection (no filing fee)
The New Mexico Courts domestic violence self-help resource explains how to file a Petition for Order of Protection from Domestic Abuse in district court and states there is no cost or fee to file for an Order of Protection.
Regional Variances
New Mexico order of protection rules at a glance
Order name
Order of Protection under the Family Violence Protection Act (NMSA 40-13-1 and following). It covers abuse by a household member. A separate civil restraining order applies to people who are not household members.
Where to file
The district court, in the county where you live or where the abuse occurred. There is no filing fee, and some districts accept filings from self-represented litigants by email or fax.
Emergency and temporary orders
A law enforcement officer can request an Emergency Order of Protection lasting 72 hours when the courts are closed (NMSA 40-13-3.2). A judge can grant an ex parte Temporary Order of Protection the same day, lasting until a hearing held within ten days (NMSA 40-13-4).
Final order duration
Injunctive terms of a full Order of Protection continue until the court modifies or rescinds them, while any custody or support terms last no more than six months (NMSA 40-13-6).
Main form
Petition for Order of Protection from Domestic Abuse, available free from the district court and the New Mexico Courts domestic violence website.
Suggested Compliance Checklist
Complete the Petition for Order of Protection from Domestic Abuse
As soon as possible after the abuse days after startingFill out the Petition for Order of Protection from Domestic Abuse, describing the abuse, your relationship, and specific dates. Use the free New Mexico Courts forms, and ask a local domestic violence program or legal aid for help. Attorney review of your petition is available through DocDraft.
File your petition with the district court
Same day you finish the petition days after startingFile the petition with the district court clerk in the county where you live or where the abuse happened. There is no filing fee. Some districts accept filings by email or fax so you do not have to enter the courthouse.
Get and carry the Temporary Order of Protection
Same day the judge signs it days after startingIf the judge grants an ex parte Temporary Order of Protection (NMSA 40-13-4), get the signed order and keep a copy with you. It lasts until your hearing. Note your hearing date, which is set within ten days.
Arrange service on the other person
Before the hearing days after startingHave the other person served with the temporary order and notice of hearing, which law enforcement can do at no charge (NMSA 40-13-4). Service is required for the judge to continue the order at the hearing.
Attend the hearing with your evidence
Within ten days, on your hearing date days after startingGo to the hearing and bring photos, messages, and any witnesses. Both sides can testify, and the judge decides whether to issue a full Order of Protection (NMSA 40-13-4). If you miss the hearing, your temporary order can end.
Keep your order and know its duration
After the hearing days after startingCarry a copy of your Order of Protection. Its injunctive terms continue until the court modifies or rescinds them, while custody or support terms last no more than six months (NMSA 40-13-6). Ask the court how to modify or extend it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition for Order of Protection from Domestic Abuse | Fill out the Petition for Order of Protection from Domestic Abuse, describing the abuse, your relationship, and specific dates. Use the free New Mexico Courts forms, and ask a local domestic violence program or legal aid for help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the district court | File the petition with the district court clerk in the county where you live or where the abuse happened. There is no filing fee. Some districts accept filings by email or fax so you do not have to enter the courthouse. | - | Same day you finish the petition |
| Get and carry the Temporary Order of Protection | If the judge grants an ex parte Temporary Order of Protection (NMSA 40-13-4), get the signed order and keep a copy with you. It lasts until your hearing. Note your hearing date, which is set within ten days. | - | Same day the judge signs it |
| Arrange service on the other person | Have the other person served with the temporary order and notice of hearing, which law enforcement can do at no charge (NMSA 40-13-4). Service is required for the judge to continue the order at the hearing. | - | Before the hearing |
| Attend the hearing with your evidence | Go to the hearing and bring photos, messages, and any witnesses. Both sides can testify, and the judge decides whether to issue a full Order of Protection (NMSA 40-13-4). If you miss the hearing, your temporary order can end. | - | Within ten days, on your hearing date |
| Keep your order and know its duration | Carry a copy of your Order of Protection. Its injunctive terms continue until the court modifies or rescinds them, while custody or support terms last no more than six months (NMSA 40-13-6). Ask the court how to modify or extend it. | - | After the hearing |
Frequently Asked Questions
There is no cost. New Mexico courts charge no fee to file a Petition for Order of Protection from Domestic Abuse, and there is no charge to have the papers served. A separate civil restraining order, for people who are not household members, can carry a filing fee.
When the courts are closed and you are in immediate danger, a law enforcement officer can ask a judge by phone, in person, or by fax to issue an ex parte Emergency Order of Protection. It expires 72 hours after issuance or at the end of the next judicial day, whichever is later (NMSA 40-13-3.2).
You can file if the person who abused or threatened you is a household member, such as a spouse or former spouse, a family member, a co-parent, a current or former dating partner, or someone you live with or have lived with. A parent or guardian can file for a child.
You file the Petition for Order of Protection from Domestic Abuse, which you can get from the district court or the New Mexico Courts domestic violence website and print out. The court reviews it and may enter a Temporary Order of Protection, an Order to Appear, or an Order of Dismissal.
The court holds the hearing within ten days of a temporary order (NMSA 40-13-4). A special commissioner or district judge lets both sides present evidence and testify, then decides whether to issue a full Order of Protection and what terms to include, such as no contact and stay-away provisions.
Call the police. Violating an Order of Protection is a crime in New Mexico, and an officer can arrest the person who broke the order. The court can also hold the violator in contempt. Keep a copy of your order with you and report every violation right away.
No. New Mexico courts let people request an Order of Protection on their own, with free forms and instructions, and some districts accept filings by email or fax. Many people file without a lawyer, especially for a temporary order. Legal help can be useful if the case is contested.
Other New Mexico guides
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