Reviewed August 2026
Protective Orders in New Mexico
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. In New Mexico, what many people call a restraining order is legally an Order of Protection. Only a District Court can issue one. A household member can file a Petition for Order of Protection from Domestic Abuse. The term household member covers a lot of ground. It includes spouses, parents, children, grandparents, co-parents, and dating or intimate partners. Anyone who has been sexually assaulted or stalked can also file, no matter their relationship to the other person. A judge can issue a Temporary Order of Protection the same day. That decision rests only on the written petition, with no hearing required. A hearing where both sides appear is then usually set within 10 days. This page covers who counts as a household member, how the temporary order and hearing process work, cost, custody, and firearms.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under New Mexico law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Mexico paperwork. See how Virdix works for California divorces.
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Who is a household member
New Mexico's court self-help materials define household member broadly. It includes a current or former spouse, a parent or stepparent, or their spouse. It also includes a grandparent or grandparent-in-law. The definition covers a child, stepchild, or grandchild too. It includes anyone the petitioner shares a child with, regardless of marriage or living together. It includes someone the petitioner has dated or had an intimate relationship with. Living together alone does not create household member status. A roommate alone does not qualify either. Some relationships fall outside the definition: siblings, aunts and uncles, cousins, nieces and nephews, and in-laws such as a brother-in-law or sister-in-law. Separately, anyone who has been sexually assaulted or stalked can file, no matter their relationship to the other person.
The Temporary Order of Protection and the 10-day hearing
A District Court judge can issue a Temporary Order of Protection based only on the petition. No hearing is required first. That temporary order stays in effect until the court holds a hearing where both the petitioner and the respondent appear and testify. That hearing is usually set within 10 days of the temporary order. The respondent must be personally served with the petition and the temporary order before the hearing happens. If service does not happen, the hearing has to be rescheduled. The sheriff's office serves the respondent free of charge. A petitioner can also hire a private process server.
Filing: free, and only through District Court
There is no cost or fee to file for an Order of Protection in New Mexico. NMSA 1978 Section 40-13-3.1 also makes service by the sheriff's office free. A petitioner files in the District Court for the county where the abuse happened or where the petitioner currently lives. Only the District Court handles these filings, not magistrate or municipal court. Right now, the petition must be filed in person. The courts do not accept it electronically or by fax.
Temporary custody and child support
A judge may award temporary custody as part of an Order of Protection. This happens if the judge believes the children are also at risk of abuse. The petitioner must specifically ask for this and explain why it is necessary. Custody granted this way is temporary and lasts no longer than six months. Anyone who wants a long-term custody decision must file a separate custody case in District Court. A judge can also order temporary child support for up to six months under the same order.
Firearms
New Mexico's Order of Protection process is separate from the state's Extreme Risk Firearm Protection Order. That is a distinct court process, sometimes called a red flag order. A law enforcement officer can petition for it when a person poses a significant danger of harming themselves or others with a firearm. If you're specifically worried about firearms, ask the court or a local domestic violence program how this process works alongside an Order of Protection. The self-help materials for the standard Order of Protection do not describe automatic firearm surrender.
Sources: New Mexico Courts: Order of Protection FAQs, New Mexico Courts: Court Process - Orders of Protection, New Mexico Courts: Extreme Risk Firearm Protection Order, New Mexico Coalition Against Domestic Violence
Not independently confirmed
- Precise statutory citation for the Family Violence Protection Act's core provisions beyond NMSA 1978 Section 40-13-3.1 (free filing/service), which is the only section number the court self-help pages cited directly
- New Mexico Coalition Against Domestic Violence's own statewide hotline number could not be confirmed on nmcadv.org during verification, so this page uses only the National Domestic Violence Hotline number
Protective Orders in New Mexico: frequently asked questions
How do I get an Order of Protection in New Mexico?+
File a Petition for Order of Protection from Domestic Abuse at the District Court in the county where the abuse happened or where you live. A judge can issue a Temporary Order of Protection the same day, based only on your written petition. A hearing where both sides appear is usually set within 10 days.
Who counts as a household member in New Mexico?+
A current or former spouse, a parent or stepparent, a grandparent, a child or grandchild, someone you share a child with, or someone you've dated or had an intimate relationship with. Roommates and relatives like siblings, cousins, or in-laws generally don't qualify unless another category applies.
Does it cost money to file for an Order of Protection in New Mexico?+
No. There is no cost or fee to file, and the sheriff's office serves the other party for free, under NMSA 1978 Section 40-13-3.1.
Can I get custody of my kids through a New Mexico Order of Protection?+
A judge can award temporary custody as part of the order, if the children are also believed to be at risk. It lasts no more than six months. For a long-term custody decision, you need to file a separate custody case in District Court.
What if I've been stalked or sexually assaulted by someone I'm not related to or didn't date in New Mexico?+
You can still file for an Order of Protection. New Mexico law allows any victim of sexual assault or stalking to petition against the person responsible, no matter their relationship. This differs from other Order of Protection categories, which require a household member relationship.
Does a New Mexico Order of Protection automatically take away someone's guns?+
The standard Order of Protection process described in New Mexico's court self-help materials does not describe automatic firearm surrender. New Mexico has a separate Extreme Risk Firearm Protection Order process that specifically addresses firearm risk.
This page is general information about protective orders in New Mexico, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New Mexico's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New Mexico. Virdix does not prepare or file New Mexico divorce paperwork. It is not a substitute for an attorney licensed in New Mexico.
More New Mexico divorce guides
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