Restraining Orders

This section defines domestic violence for the purposes of getting a protection order in New Mexico. Domestic abuse is defined as:

• an incident of stalking or sexual assault whether committed by a household member or by anyone else; or
• an incident committed by a household member against another household member that involves:
  • physical harm;
  • severe emotional distress;
  • a threat causing imminent fear of bodily injury by any household member;
  • criminal damage to property;
  • repeatedly driving by a residence or work place;
  • telephone harassment;
  • harassment;
  • strangulation;
  • suffocation; or
  • harm or threatened harm to children as set forth in this paragraph.¹

Note: If someone uses force to defend him/herself (self-defense) or to defend another person, that is not considered domestic abuse.¹

¹ N.M. Stat. § 40-13-2(D)