reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-637 - Binding effect of determination of parentage.

A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and
(2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978.
B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless:
(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
(3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or
(4) there was a final order in the proceeding that satisfies the requirements of Paragraph (1), (2) or (3) of Subsection C of this section.
C. In a proceeding to dissolve a marriage, the district court is deemed to have made an adjudication of the parentage of a child if the district court acts under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978, and the final order:
(1) expressly identifies a child as a "child of the marriage", "issue of the marriage", "child of the parties" or similar words indicating that the husband is the father of the child;
(2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or
(3) contains a stipulation or admission that the parties are the parents of the child.
D. Except as otherwise provided in Subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding.
E. A party to an adjudication of paternity may challenge the adjudication only pursuant to the laws of New Mexico relating to appeal, vacation of judgments or other judicial review.
History:
Laws 2009, ch. 215, § 6-637.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-638 - Full faith and credit; determination of parentage.

A court of this state shall give full faith and credit to a determination of parentage made by a court of another state.
History:
Laws 2009, ch. 215, § 6-638
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-639 - Enforcement of judgment or order.

A. If existence of the parental relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under the New Mexico Uniform Parentage Act or under prior law, the obligation of the noncustodial parent may be enforced in the same or other proceedings by any interested party.
B. The court shall order child support payments to be made in accordance with Section 40-4A-4.1 NMSA 1978.
C. Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.
History:
Laws 2009, ch. 215, § 6-639.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-640 - Modification of judgment or order.

The court has continuing jurisdiction to modify or revoke a judgment or order for future support, except as otherwise specifically provided by the Uniform Interstate Family Support Act [Chapter 40, Article 6A NMSA 1978].
History:
Laws 2009, ch. 215, § 6-640.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-641 - Right to counsel; free transcript on appeal.

A. At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of justice.
B. If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.
History:
Laws 2009, ch. 215, § 6-641.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-642 - Hearings and records; confidentiality.

Notwithstanding any other laws concerning public hearings and records, any hearing or trial held under the provisions of the New Mexico Uniform Parentage Act may be held in closed court without admittance of any person other than those necessary to the action or proceeding. The court may order that certain papers and records pertaining to the action or proceeding, whether part of the permanent record of the court or any other file maintained by the state or elsewhere, are subject to inspection only upon consent of the court; provided, however, that nothing in this section shall infringe upon the right of the parties to an action or proceeding to inspect the court record. The provisions of this section are subject to any rules established by the New Mexico supreme court.
History:
Laws 2009, ch. 215, § 6-642.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE › Part 3 - Hearings and Adjudication › Section 40-11A-643 - Birth records.

A. Upon order of a court of this state or upon request of a court of another state, the bureau shall prepare a certificate of birth consistent with the findings of the court and shall substitute the certificate for the original certificate of birth.
B. The fact that the father-child relationship was declared after the child's birth shall not be ascertainable from the certificate prepared pursuant to Subsection A of this section, but the actual place and date of birth shall be shown.
C. The evidence upon which the certificate prepared pursuant to Subsection A of this section was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon order of the court and consent of all interested parties, or in exceptional cases only upon an order of the court for good cause shown.
History:
Laws 2009, ch. 215, § 6-643.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-701 - Scope of article.

This article does not apply to the birth of a child conceived by means of sexual intercourse.
History:
Laws 2009, ch. 215, § 7-701.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-702 - Parental status of donor.

Donors of eggs, sperm or embryos are not the parents of a child conceived by means of assisted reproduction.
History:
Laws 2009, ch. 215, § 7-702.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-703 - Parentage of child of assisted reproduction.

A person who provides eggs, sperm or embryos for or consents to assisted reproduction as provided in Section 7-704 of the New Mexico Uniform Parentage Act with the intent to be the parent of a child is a parent of the resulting child.
History:
Laws 2009, ch. 215, § 7-703.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Evidence establishing consent to assisted reproduction.
— Where, in divorce proceedings, petitioner challenged respondent's standing to adjudicate parentage under the New Mexico Uniform Parentage Act (NMUPA), §§ 40-11A-101 to -903 NMSA 1978, because respondent was not biologically or genetically related to the children, and where petitioner also argued that respondent did not consent to petitioner's insemination procedure as required to establish parentage under the NMUPA's assisted reproduction provisions, the district court erred in ruling that respondent did not consent to assisted reproduction on the grounds that she failed to produce a signed record indicating that she consented to the specific assisted reproduction procedure that resulted in the birth of the children. Respondent signed numerous documents indicating her consent to previous insemination procedures, and the NMUPA does not prevent consideration of any documents signed by the parties before they conceive via assisted reproduction, so long as those documents manifest their intent to be a parent of the resulting child, and the NMUPA also indicates that consent, once given, can remain effective until it is withdrawn.
Soon v. Kammann
, 2022-NMCA-066, cert. granted.
Sperm donor agreement.
— Where the biological father and the mother of the child entered into an agreement, prior to conception of the child, that the father would donate sperm, act as a male role model for the child, and have no financial obligation for child support; the mother self-inseminated herself; and after the child was born, the father held himself out as the father of the child, had significant contacts with the child, and was registered as the child's father with the vital statistics bureau, the agreement was unenforceable and the father was liable for child support.
Mintz v. Zoernig
, 2008-NMCA-162, 145 N.M. 362, 198 P.3d 861, cert. denied, 2008-NMCERT-011, 145 N.M. 531, 202 P.3d 124.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-705 - Limitation on husband's dispute of paternity.

A. Except as otherwise provided in Subsection B of this section, the husband of a wife who gives birth to a child by means of assisted reproduction shall not challenge his paternity of the child unless:
(1) within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity; and
(2) the district court finds that he did not consent to the assisted reproduction, before or after birth of the child.
B. A proceeding to adjudicate paternity may be maintained at any time if the district court determines that:
(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly held out the child as his own.
C. The limitation provided in this section applies to a marriage dissolved or declared invalid after assisted reproduction.
History:
Laws 2009, ch. 215, § 7-705.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-706 - Effect of dissolution of marriage or withdrawal of consent.

A. If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record that if assisted reproduction were to occur after a divorce the former spouse would be a parent of the child.
B. Unless otherwise agreed in a signed record, the consent of a woman or a man to assisted reproduction may be withdrawn by that person in a signed record delivered to the other person at any time before placement of eggs, sperm or embryos if the placement has not occurred within one year after the consent. A person who withdraws consent pursuant to this section is not a parent of the resulting child.
History:
Laws 2009, ch. 215, § 7-706.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 7 - CHILD OF ASSISTED REPRODUCTION › Section 40-11A-707 - Parental status of deceased person.

If a person who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased person is not a parent of the resulting child unless the deceased spouse consented in a signed record that if assisted reproduction were to occur after death, the deceased person would be a parent of the child.
History:
Laws 2009, ch. 215, § 7-707.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 8 - GESTATIONAL AGREEMENTS › Section 40-11A-801 - Gestational agreements not authorized or prohibited.

A. The New Mexico Uniform Parentage Act does not authorize or prohibit an agreement between a woman and the intended parents:
(1) in which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and
(2) that provides that the intended parents become the parents of the child.
B. If a birth results pursuant to a gestational agreement pursuant to Subsection A of this section and the agreement is unenforceable under other law of New Mexico, the parent-child relationship shall be determined pursuant to Article 2 of the New Mexico Uniform Parentage Act.
History:
Laws 2009, ch. 215, § 8-801.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Law reviews.
— For comment, "Stopping the Baby-Trade: Affirming the Value of Human Life Through the Invalidation of Surrogacy Contracts: A Blueprint for New Mexico," see 29 N.M.L. Rev. 407 (1999).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of surrogate parenting agreement, 77 A.L.R.4th 70.
Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.
Determination of status as legal or natural parents in contested surrogacy births, 77 A.L.R.5th 567.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-11A-901 - Uniformity of application and construction.

In applying and construing the Uniform Parentage Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2009, ch. 215, § 9-901.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-11A-902 - Severability.

If any provision of the New Mexico Uniform Parentage Act or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the New Mexico Uniform Parentage Act that can be given effect without the invalid provision or application, and to this end, the provisions of the New Mexico Uniform Parentage Act are severable.
History:
Laws 2009, ch. 215, § 9-902.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 11A - New Mexico Uniform Parentage Act › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-11A-903 - Transitional provision.

A proceeding to adjudicate parentage that was commenced before the effective date of the New Mexico Uniform Parentage Act is governed by the law in effect at the time the proceeding was commenced.
History:
Laws 2009, ch. 215, § 9-903.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-1 - Short title.

Chapter 40, Article 12 NMSA 1978 may be cited as the "Domestic Relations Mediation Act".
History:
Laws 1987, ch. 153, § 1; 2009, ch. 201, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the reference of the act to the chapter and article of NMSA 1978.
Law reviews.
— For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2000).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-3 - Definitions.

As used in the Domestic Relations Mediation Act:
A. "advisory consultation" means a brief assessment about the parenting situation and a written report summarizing the information for the attorneys and the court, including an assessment by the counselor of the positions, situations and relationships of family members and suggestions regarding specific plans, general issues or requested action;
B. "counselor" means a person who by training or experience is qualified to work with individuals in a mediation situation and to perform assessments;
C. "domestic relations mediation program" means the provision of services to the court and parents, including advisory consultations, priority consultations, evaluations and mediation;
D. "evaluation" means a complete assessment that may include multiple interviews with parents and children, psychological testing, home visits and conferences with other appropriate professionals;
E. "fund" means the domestic relations mediation fund of the judicial district;
F. "mediation" means a process in which parents meet with a counselor in order to assist the parents in focusing on the needs of the child and to assist the parents in reaching a mutually acceptable arrangement regarding the child; and
G. "priority consultation" means that the court has requested specific information and brief assessment regarding the parenting situation and suggestions regarding temporary arrangements.
History:
Laws 1987, ch. 153, § 3.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-4 - District court domestic relations mediation fund created.

A judicial district shall create a "domestic relations mediation fund" of the judicial district. Money in the fund shall be used to offset the cost of operating the domestic relations mediation program and the supervised visitation program. Deposits to the fund shall include payments made through the imposition of a sliding fee scale pursuant to Sections 40-12-5 and 40-12-5.1 NMSA 1978, distributions pursuant to Section 34-6-40 NMSA 1978 and the collection of the surcharge provided for in Section 40-12-6 NMSA 1978.
History:
Laws 1987, ch. 153, § 4; 2001, ch. 201, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, deleted "that establishes a domestic relations mediation program pursuant to Section 5 of the Domestic Relations Mediation Act" following "A judicial district"; inserted "and the supervised visitation program" at the end of the second sentence; substituted "Sections 40-12-5 and 40-12-5.1 NMSA 1978, distributions pursuant to Section 34-6-40 NMSA 1978" for "Section 5 of the Domestic Relations Mediation Act"; and substituted "Section 40-12-6 NMSA 1978" for "Section 6 of that act".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-5 - Domestic relations mediation program.

A. A judicial district may establish a domestic relations mediation program by court rule approved by the supreme court. The district court may employ or contract with a counselor to provide consultations, evaluations and mediation in domestic relations cases involving children.
B. Parents may request of the court the services of the domestic relations mediation program for consultations, evaluation or mediation. Parents shall enter the program when ordered to do so by the court.
C. Parents shall pay the cost of the domestic relations mediation program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the specific service rendered by the counselor. The fees shall be paid to the district court to be credited to the fund.
History:
Laws 1987, ch. 153, § 5.
ANNOTATIONS
Cross references.
— For rules relating to domestic relations mediation,
see
LR5-401, LR6-401, and LR11-402.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-5.1 - Supervised visitation program.

A. A judicial district may establish a "safe exchange and supervised visitation program" by local court rule approved by the supreme court. The safe exchange and supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are served if confrontation or contact between the parents is to be avoided during exchanges of custody or if contact between a parent and a child should be supervised. In a safe exchange and supervised visitation program, the district court may employ or contract with a person:
(1) with whom a child may be left by one parent for a short period while waiting to be picked up by the other parent; or
(2) to supervise visits among one or both parents and the child.
B. A parent may request the services of the safe exchange and supervised visitation program or the court may order that the program be used.
C. Parents shall pay the cost of the safe exchange and supervised visitation program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the service. The fees shall be paid to the district court to be credited to the fund.
History:
Laws 2001, ch. 201, § 2; 2009, ch. 201, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, in the first sentence, after "judicial district may establish a", added "safe exchange and"; in the second sentence, added "safe exchange and"; and in the last sentence, added "safe exchange and"; in Subsection B, after "request the services of the", added "safe exchange and"; and in Subsection C, after "pay the cost of the", deleted "neutral corner" and added "safe exchange and supervised visitation".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 12 - Domestic Relations Mediation › Section 40-12-6 - Domestic relations mediation fees; district court clerk to collect.

In addition to fees collected pursuant to Section 34-6-40 NMSA 1978 for the docketing of civil cases, in any judicial district which has established a domestic relations mediation program, the district court clerk shall collect a surcharge of thirty dollars ($30.00) on all new and reopened domestic relations cases.
History:
Laws 1987, ch. 153, § 6.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-1 - Short title.

Chapter 40, Article 13 NMSA 1978 may be cited as the "Family Violence Protection Act".
History:
Laws 1987, ch. 286, § 1; 1999, ch. 142, § 1.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Chapter 40, Article 13 NMSA 1978" for "this act".
Law reviews.
— For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2000).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-1.1 - Legislative findings; state policy; dual arrests.

The legislature finds that domestic abuse incidents are complex and require special training on the part of law enforcement officers to respond appropriately to domestic abuse incidents. The state of New Mexico discourages dual arrests of persons involved in incidents of domestic abuse. A law enforcement officer, in making arrests for domestic abuse, shall seek to identify and shall consider whether one of the parties acted in self defense.
History:
Laws 2002, ch. 34, § 2 and Laws 2002, ch. 35, § 2.
ANNOTATIONS
Duplicate laws.
— Laws 2002, ch. 34, § 2 and Laws 2002, ch. 35, § 2 enacted identical new sections of law effective March 4, 2002. Both were compiled as 40-13-1.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-3 - Petition for order of protection; contents; standard forms.

A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection.
B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.
C. The petition shall state whether any other domestic action is pending between the petitioner and the respondent.
D. If any other domestic action is pending between the petitioner and the respondent, the parties shall not be compelled to mediate any aspect of the case arising from the Family Violence Protection Act unless the court finds that appropriate safeguards exist to protect each of the parties and that both parties can fairly mediate with such safeguards.
E. An action brought under the Family Violence Protection Act is independent of any proceeding for annulment, separation or divorce between the parties.
F. Remedies granted pursuant to the Family Violence Protection Act are in addition to and shall not limit other civil or criminal remedies available to the parties.
G. Standard simplified petition forms with instructions for completion shall be available to all parties. Law enforcement agencies shall keep such forms and make them available upon request to alleged victims of domestic abuse.
History:
Laws 1987, ch. 286, § 3; 1993, ch. 109, § 2; 2008, ch. 40, § 3.
ANNOTATIONS
The 2008 amendment,
effective July 1, 2008, deleted former Subsection G that authorized the court to permit a petitioner to proceed as an indigent.
The 1993 amendment,
effective June 18, 1993, in Subsection C, deleted the following language which formerly appeared at the beginning of the subsection: "No petitioner is required to file for annulment, separation or divorce as a prerequisite to obtaining an order of protection. However, the", inserted "The" at the beginning of the subsection, and deleted the former last sentence which read "If an action is pending, the petition shall be filed in the court which has jurisdiction over the pending action"; added Subsections D, E, and F and redesignated the remaining subsections accordingly; and substituted "respondent" for "alleged perpetrator of the domestic abuse" in the second sentence of Subsection G.
Availability of simple forms for victims.
— Because the legislature has recognized that many people who are the victims of domestic violence are unable to obtain counsel, it has mandated that simplified forms be available for such people to use.
Lujan v. Casados-Lujan
, 2004-NMCA-036, 135 N.M. 285, 87 P.3d 1067, cert. denied, 2004-NMCERT-003 135 N.M. 319, 88 P.3d 261.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-3.1 - Forbearance of costs associated with domestic abuse offenses.

A. An alleged victim of domestic abuse shall not be required to bear the cost of:
(1) the prosecution of a misdemeanor or felony offense arising out of an incident of domestic abuse, including costs associated with filing a criminal charge against the alleged perpetrator of the abuse;
(2) the filing, issuance or service of a warrant;
(3) the filing, issuance or service of a witness subpoena;
(4) the filing, issuance or service of a petition for an order of protection;
(5) the filing, issuance or service of an order of protection; or
(6) obtaining law enforcement reports or photographs or copies of photographs relating to the alleged abuse or pattern of abuse.
B. No witness fee shall be charged where prohibited by federal law.
History:
Laws 1995, ch. 176, § 1; 2008, ch. 40, § 4; 2011, ch. 8, § 1.
ANNOTATIONS
Cross references.
— For provisions regarding forbearance of costs for alleged victims of domestic abuse, stalking or sexual assault,
see
30-1-15 NMSA 1978.
For domestic violence offender fund,
see
31-12-12 NMSA 1978.
For provisions regarding district court cost and fees,
see
34-6-40 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, allowed alleged victims of domestic abuse to obtain photographs relating to the alleged abuse without cost.
The 2008 amendment,
effective July 1, 2008, provided for cost-free prosecution of a misdemeanor or felony domestic abuse offense and the filing of a warrant, witness subpoena and petition for a protection order; added Paragraphs (4) and (6) of Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-3.2 - Ex parte emergency orders of protection.

A. The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via facsimile and files a sworn written statement, setting forth the need for an emergency order of protection, and the court finds reasonable grounds to believe that the alleged victim or the alleged victim's child is in immediate danger of domestic abuse following an incident of domestic abuse. The written statement shall include the location and telephone number of the alleged perpetrator, if known.
B. A law enforcement officer who receives an emergency order of protection, whether in writing, by telephone or by facsimile transmission, from the court shall:
(1) if necessary, pursuant to the judge's oral approval, write and sign the order on an approved form;
(2) if possible, immediately serve a signed copy of the order on the restrained party and complete the appropriate affidavit of service;
(3) immediately provide the protected party with a signed copy of the order; and
(4) provide the original order to the court by the close of business on the next judicial day.
C. The court may grant the following relief in an emergency order of protection upon a probable cause finding that domestic abuse has occurred:
(1) enjoin the restrained party from threatening to commit or committing acts of domestic abuse against the protected party or any designated household members;
(2) enjoin the restrained party from any contact with the protected party, including harassing, telephoning, contacting or otherwise communicating with the protected party; and
(3) grant temporary custody of any minor child in common with the parties to the protected party, if necessary.
D. A district judge shall be available as determined by each judicial district to hear petitions for emergency orders of protection.
E. An emergency order of protection expires seventy-two hours after issuance or at the end of the next judicial day, whichever time is latest. The expiration date shall be clearly stated on the emergency order of protection.
F. A person may appeal the issuance of an emergency order of protection to the court that issued the order. An appeal may be heard as soon as the judicial day following the issuance of the order.
G. Upon a proper petition, a district court may issue a temporary order of protection that is based upon the same incident of domestic abuse that was alleged in an emergency order of protection.
H. Emergency orders of protection are enforceable in the same manner as other orders of protection issued pursuant to the provisions of the Family Violence Protection Act.
History:
Laws 1999, ch. 142, § 2; 2008, ch. 40, § 5.
ANNOTATIONS
The 2008 amendment,
effective July 1, 2008, changed "petitioner" to "protected party" and "respondent" to "restrained party".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-4 - Temporary order of protection; hearing; dismissal.

A. Upon the filing of a petition for order of protection, the court shall:
(1) immediately grant an ex parte temporary order of protection without bond if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe that an act of domestic abuse has occurred;
(2) cause the temporary order of protection together with notice of hearing to be served immediately on the alleged perpetrator of the domestic abuse; and
(3) within ten days after the granting of the temporary order of protection, hold a hearing on the question of continuing the order; or
(4) if an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two hours after the filing of the petition; provided if notice of hearing cannot be served within seventy-two hours, the temporary order of protection shall be automatically extended for ten days.
B. If the court grants a temporary order of protection, it may award temporary custody and visitation of any children involved when appropriate.
C. Except for petitions alleging stalking or sexual assault, if the court finds that the alleged perpetrator is not a household member, the court shall dismiss the petition.
History:
Laws 1987, ch. 286, § 4; 2008, ch. 40, § 6.
ANNOTATIONS
The 2008 amendment,
effective July 1, 2008, added Subsections B and C.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-5.1 - Extended order of protection.

A. In the sentencing proceeding for a person convicted of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court's jurisdiction over the person.
B. At any time after the expiration of a criminal court's jurisdiction over a person against whom an order of protection was granted pursuant to a request pursuant to Subsection A of this section, the victim may:
(1) file a petition for an order of protection against the person; and
(2) submit evidence of the person's conviction for criminal sexual penetration, including out-of-state, as cause for the court to grant the order of protection.
C. Based on evidence submitted pursuant to Subsection B of this section, a court may take judicial notice of the facts that led to a person's conviction for criminal sexual penetration and a victim shall not be required to appear before the court on the victim's petition for an order of protection; provided, however, that another person may appear on the victim's behalf.
D. A court may grant an order of protection pursuant to this section for any length of time, including for a victim's lifetime.
E. Notwithstanding the provisions of Subsection C of Section 40-13-6 NMSA 1978, an order of protection granted pursuant to this section shall continue until the expiration provided in the order, if any, or until modified or rescinded upon a motion by the victim.
History:
Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016 , ch. 32, § 2 and Laws 2016, ch. 33, § 2 made Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1 effective July 1, 2016.
Compiler's notes.
— Laws 2016, ch. 32, § 1 and Laws 2016, ch. 33, § 1, both effective July 1, 2016, enacted identical new sections. The section was set out as enacted by Laws 2016, ch. 33, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-7.1 - Medical personnel; documentation of domestic abuse.

A. When medical personnel who are interviewing, examining, attending or treating a person:
(1) receive a report from the person of an act of domestic abuse, the medical personnel shall document the nature of the abuse and the name of the alleged perpetrator of the abuse in the person's medical file and shall provide the person with information and referral to services for victims of domestic abuse; or
(2) may have reason to believe or suspect that the person is a victim of domestic abuse, the medical personnel shall provide the person with information and referral to services for victims of domestic abuse.
B. Medical and other health care related information or communications concerning domestic abuse of a person obtained by or from medical personnel during the course of an interview, examination, diagnosis or treatment are confidential communications unless released:
(1) with the prior written consent of the person;
(2) pursuant to a court order; or
(3) when necessary to provide treatment, payment and operations in accordance with the federal Health Insurance Portability and Accountability Act.
C. As used in this section, "medical personnel" means:
(1) licensed health care practitioners;
(2) licensed emergency medical technicians;
(3) health care practitioners who interview, examine, attend or treat a person and who are under the guidance or supervision of licensed health care practitioners; and
(4) residents and interns.
History:
Laws 2005, ch. 281, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 281, § 2, made this section effective July 1, 2005.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-8 - Repealed.

History:
Laws 1992, ch. 107, § 1; repealed Laws 2005, ch. 30, § 3.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 30, § 3 repealed 40-13-8 NMSA 1978, as enacted by Laws 1992, ch. 107, § 1, relating to a domestic violence pilot program, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-9 - Domestic violence special commissioners; appointment; qualifications.

A. A domestic violence special commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned.
B. A domestic violence special commissioner shall:
(1) be an attorney licensed to practice law in New Mexico;
(2) have a minimum of three years experience in the practice of law and be knowledgeable in the area of domestic relations and domestic violence matters; and
(3) conform to Canons 21-100 through 21-500 and 21-700 of the Code of Judicial Conduct as adopted by the supreme court. Violation of any such canon shall be grounds for dismissal of any domestic violence special commissioner.
History:
Laws 2005, ch. 30, § 1.
ANNOTATIONS
Cross references.
— For domestic violence special commissioners duties,
see
Rule 1-053.1 NMRA.
Effective dates.
— Laws 2005, ch. 30, § 4, made this section effective July 1, 2005.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-10 - Special commissioners; powers; duties.

A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act:
(1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection;
(2) if deemed necessary, interview petitioners. Any interview shall be on the record;
(3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify or terminate orders of protection; and
(4) prepare recommendations to the district court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection.
B. All orders must be signed by a district court judge before the recommendations of a domestic violence special commissioner become effective.
History:
Laws 2005, ch. 30, § 2.
ANNOTATIONS
Cross references.
— For domestic violence special commissioners duties,
see
Rule 1-053.1 NMRA.
Effective dates.
— Laws 2005, ch. 30, § 4, made this section effective July 1, 2005.
Law reviews.
— For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2006).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-11 - Repealed.

History:
Laws 2007, ch. 131, § 1; repealed by Laws 2018, ch. 40, § 10.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 40, § 10 repealed 40-13-11 NMSA 1978, as enacted by Laws 2007, ch. 131, § 1, relating to substitute address, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13 - Family Violence Protection › Section 40-13-12 - Limits on internet publication.

A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home-rule municipality, shall not make available publicly on the internet any information that would likely reveal the identity or location of the party protected under an order of protection. A state agency, court or political subdivision may share court-generated and law enforcement-generated information contained in secure, government registries for protection order enforcement purposes.
History:
Laws 2008, ch. 40, § 10.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 40, § 11 made this section effective July 1, 2008.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-1 - Short title.

Sections 1 through 9 [40-13A-1 to 40-13A-9 NMSA 1978] of this act may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act".
History:
Laws 2013, ch. 47, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-2 - Definitions.

As used in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act:
A. "foreign protection order" means a protection order issued by a tribunal of another state;
B. "issuing state" means the state whose tribunal issues a protection order;
C. "mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent;
D. "protected individual" means a person protected by a protection order;
E. "protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence or antistalking laws of the issuing state, to prevent a person from engaging in a violent or threatening act against, harassment of, contact or communication with or physical proximity to another person;
F. "respondent" means the person against whom enforcement of a protection order is sought;
G. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian pueblo, tribe, nation or band that has jurisdiction to issue protection orders; and
H. "tribunal" means a court, agency or other entity authorized by law to issue or modify a protection order.
History:
Laws 2013, ch. 47, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 13A - Uniform Interstate Enforcement of Domestic Violence Protection Orders › Section 40-13A-3 - Judicial enforcement of a foreign protection order.

A. A person may seek enforcement of a valid foreign protection order in a New Mexico tribunal. The tribunal shall enforce the terms of the order, including terms that provide relief that a New Mexico tribunal would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow New Mexico procedures for the enforcement of protection orders.
B. A New Mexico tribunal shall not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
C. A New Mexico tribunal shall enforce the provisions of a valid foreign protection order governing custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
D. A foreign protection order is valid if it:
(1) identifies the protected individual and the respondent;
(2) is currently in effect;
(3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an ex parte order, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued in a manner consistent with the due process rights of the respondent.
E. A foreign protection order valid on its face is prima facie evidence of its validity.
F. Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
G. A New Mexico tribunal may enforce provisions of a mutual foreign protection order only if:
(1) both parties filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings that each party was entitled to a protection order.
History:
Laws 2013, ch. 47, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 47, § 11 provided that the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act was effective July 1, 2013.