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New Mexico Service of Process Information for Petition for Order of Protection from Domestic Abuse and Petition for Emergency Order of Protection

State:
New Mexico
Control #:
NM-4-961A
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PDF
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Description

This official State of New Mexico Civil Form, a Service of Process Information for Petition for Order of Protection from Domestic Abuse and Petition for Emergency Order of Protection, is used to gather service of process information for the parties in a Petition for Order of Protection from Domestic Abuse or a Petition for Emergency Order of Protection (forms NM-4-961 and NM-4-972, respectively).

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FAQ

The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.

The petitioner will not violate the law by contacting you, though you can get in trouble if you continue that contact... it doesn't matter what the petitioner does, ignore them and walk away or you could get criminal charges. The petitioner can ask the court to remove any order of protection at any time.

It does not cost anything to file for an order of protection. Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court.If you are going to be in court without a lawyer, our Preparing for Court By Yourself section may be useful to you.

You can file a civil restraining order against almost anyone who you do not have a domestic relationship with, but it requires a $132.00 filing fee.

4 attorney answersIf the petitioner on an injunction for protection does not appear, the temporary injunction will be dissolved, and the case dismissed. You can refile, but the judge is less likely to issue even a temporary injunction.

A criminal no contact order will typically prevent the defendant from any contact with the victim or witnesses. The defendant will not be permitted to contact the victim or witnesses in person, via telephone, email, text messages, written mail, or through third party contact.

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

These are orders to stop specific acts against everyone named in the restraining order as a protected person. Some of the things that the restrained person can be ordered to stop are: Contacting, calling, or sending any messages (including e-mail);

Decide the evidence you want to use.Evidence is what you present in court to prove that the Respondent has harmed or may harm you (and/or your child). Evidence can be your testimony, the testimony of witnesses, documents, photos, or objects such as torn clothing or a weapon.

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New Mexico Service of Process Information for Petition for Order of Protection from Domestic Abuse and Petition for Emergency Order of Protection