Monday, April 14, 2014

NEW MEXICO Part 39

Appear at the hearing and present your case. If the respondent does not appear, you may be granted the order automatically. If you do not appear, the case will be dropped. If you desire to obtain an order after that, you will have to start the process over, and it may be more difficult as your credibility may be damaged with the court. Ask for the hearing to be postponed if you can't be there on the day it is scheduled.


Protective orders can be last up to six months, after which they may be renewed for another six months.

NEW MEXICO Part 38

The court forwards your paperwork to local law enforcement, who will serve the respondent with the notice of hearing and the temporary restraining order, if applicable. A temporary restraining order will not be enforceable until it has been properly served.


Prepare to present your case in court by gathering evidence and practicing your testimony. Helpful evidence can include police or medical records, witness testimony, photographs of injuries or damaged property and written communication. You should be able to tell your story clearly, accurately and descriptively. Legal assistance can be helpful but is not required.

NEW MEXICO Part 37

Sign the paperwork in front of the clerk or a notary. The clerk will give your paperwork to a judge.


Appear before the judge in an ex parte hearing the same day you file. At this hearing, the judge will review your paperwork and may ask you to make a statement regarding your need for protection. The judge will also decide whether to grant you a temporary restraining order to protect you until a full hearing is scheduled, and will set a date for that hearing, typically within one to two weeks.

NEW MEXICO Part 36

 Go to the court in the county where you or the alleged abuser live, or where the abuse occurred, and file a petition for a protective order with the court clerk. The clerk can give you the proper forms, or you can find them online.


In these forms, you will need to describe your relationship with the abuser; list your minor children; describe the current custody or visitation agreement; list other pending cases, including protective or divorce orders; describe the abuse and any weapons used in the domestic attack; indicate the terms you desire; and give contact information for yourself and the respondent. (You may request that your information be withheld for your protection.)

NEW MEXICO Part 35

5. What do we need to do to get TRO?


Restraining orders, called "protective orders" in New Mexico, are issued to protect victims of domestic abuse, stalking and assault. Domestic abuse occurs when a family or household member threatens you, criminally damages your property, causes physical harm or severe emotional distress, repeatedly drives by your home or work, harasses you in person or by telephone, and acts out against your minor child. A judge issues a protective order following a hearing at which both sides are given the opportunity to present their case.

NEW MEXICO Part 34

The court shall consider the following when making a decision regarding spousal support:  (1)     the age and medical condition of each spouse    (2)     the current and future income and earning capacity of each spouse;    (3)     the ability of the receiving spouse to be self-supporting;    (4)     the reasonable needs of the respective spouses, including:    (a)     the standard of living of the spouse while married;  (b)     the maintenance of medical insurance for the respective spouses; and   (c)     the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support;   (5)     the length of the marriage; (6)     the property award;  (7)     the type and nature of the respective spouses’ assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties; (8)     the type and nature of the respective spouses’ liabilities;    (9)     income producing assets  (10)     mutual agreements between the spouse.  (New Mexico Statutes - Article 4 - Sections: 40-4-7) 

NEW MEXICO Part 33

In New Mexico the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows: