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EspañolNew Mexico law may allow you to file for a temporary civil restraining order against someone if immediate and irreversible (irreparable) injury will result if a restraining order is not issued immediately.1 The Second Judicial District Court’s website states: “You may request a Civil Harassment Restraining Order against people who are not close to you. Petitions for a restraining order are filed in Civil Court if a domestic relationship does not exist between the victim and abuser such as roommates, neighbors, co-workers, or non-immediate family members. This type of order is not for people who have dated or who are closed related.”2 It is not clear if these standards are the same in the other judicial districts throughout New Mexico.
If you are granted a temporary restraining order, which can later become a preliminary injunction and then a permanent injunction after a hearing, you may be granted the following protections:
- the defendant does not threaten, harm, harass, you or your family and household members;
- the defendant stays at least a certain number of yards away from you, your residence, your workplace, and your child(ren)’s school;
- the defendant does not call or contact you in any way;
- the defendant does not block you in public places or roads; and
- other relief to keep you safe.1
The filing fee listed for the Second Judicial District is $132 and must be in cash, money order, or cashier’s check payable to Clerk of District Court.3 It is not clear if this information also applies to the other judicial districts throughout New Mexico.
You can read more information about the court hearing, how to serve the defendant, and more on the Application for Civil Restraining Order Instructions page in the Second Judicial District Court’s website. Please talk to a lawyer for legal advice or representation. For legal referrals, go to our NM Finding a Lawyer page.
1 See, for example, Temporary Restraining Order on the Second Judicial District Court’s website; NM R DIST CT RCP Rule 1-066
2 Second Judicial District Court’s website, Civil Restraining Order page
3 Application for Civil Restraining Order Instructions, Second Judicial District Court’s website
