2006 New Mexico Statutes - Section 32A-4-12 — Protective orders.

32A-4-12. Protective orders.

A.     At any stage of a proceeding under the Abuse and Neglect Act [ 32A-4-1 NMSA 1978], the children's court attorney may apply to the court for a protective order restricting the release of immunized testimony, immunized verbal statements for the purpose of psychological evaluation or treatment, or records, documents or other physical objects produced by an immunized respondent pursuant to a court order.  The protective order shall apply to any person, except as designated by court order.  The purpose of the protective order is to allow the respondents to engage in evaluation and treatment programs as ordered by the court and to ensure that any statement by the respondents will remain privileged and confidential and will not be divulged to any other person, including law enforcement officers and district attorneys.   

B.     The children's court attorney shall apply for the protective order and request a hearing, and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred.  The district attorney shall have standing to object to the protective order.   

C.     After the hearing, the court may issue a protective order, if issuance of the order will reasonably assist in the delivery of diagnostic and therapeutic services to the respondent and the respondent is otherwise likely to refuse to make statements on the basis of his privilege against self-incrimination.