US Laws, Codes, Statutes & Cases

40-13-3. Petition for order of protection; contents; indigent petitioners; standard forms.

A.     A victim of domestic abuse may petition the court under the Family Violence Protection Act [ 40-13-1 NMSA 1978] 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.     Any action brought under that act is independent of any proceeding for annulment, separation or divorce between the petitioner and the respondent.   

F.     Any remedies granted are in addition to other available civil or criminal remedies.   

G.     If the petition is accompanied by an affidavit showing that the petitioner is unable to pay the costs of the proceeding, the court may order that the petitioner be permitted to proceed as an indigent without payment of court costs.  In determining the financial status of the petitioner for the purpose of this subsection, the income of the respondent shall not be considered.   

H.     Standard simplified petition forms with instructions for completion shall be available to petitioners not represented by counsel.  Law enforcement agencies shall keep such forms and make them available upon request to victims of domestic violence.