New Mexico law

Domestic Violence Laws in New Mexico.

The New Mexico Family Violence Protection Act (NMSA 1978 §§ 40-13-1 et seq.) authorizes Temporary Order of Protection (TPO, ex parte) and Order of Protection (after hearing). TPOs are immediate and last until the hearing (typically 10 days); Orders of Protection generally last up to 1 year and are renewable. New Mexico criminalizes domestic violence under battery/assault statutes with enhanced penalties for domestic context. Federal firearm dispossession under 18 U.S.C. § 922(g)(8) applies to qualifying orders.

Last verified: 2026-04-17

State law

Key New Mexico Statutes

Family Violence Protection ActNMSA 1978 §§ 40-13-1 et seq.

Authorizes Temporary Orders of Protection (ex parte, valid until hearing within 10 days) and Orders of Protection (after hearing, up to 1 year, renewable). Covers household members, former spouses, dating partners, and persons with a child in common.

Battery Against a Household Member (Criminal)NMSA 1978 § 30-3-15

First offense: Petty misdemeanor. Second offense: Misdemeanor. Aggravated battery against household member: 4th-degree felony (up to 18 months). Mandatory minimum 72-hour jail for conviction.

StalkingNMSA 1978 § 30-3A-3

Misdemeanor for first offense. 4th-degree felony for aggravated stalking (prior conviction, weapon, protective-order violation, or minor victim).

Crime Victims Reparation ActNMSA 1978 §§ 31-22-1 et seq.

New Mexico's Crime Victims Reparation Commission reimburses victims for medical, counseling, and economic losses. Application within 1 year (extendable).

State law

Official Sources

NM Coalition Against Domestic Violence New Mexico Courts

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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Domestic Violence Laws in New Mexico.

Key New Mexico Statutes

Official Sources

Not Legal Advice

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