2009 New Mexico Statutes
Chapter 40 - Domestic Affairs.
Article 13 - Family Violence Protection
Section 40-13-2 - Definitions.

40-13-2. Definitions.

As used in the Family Violence Protection Act:

A.     "continuing personal relationship" means a dating or intimate relationship;

B.     "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

C.     "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;

D.     "domestic abuse":

(1)     means an incident of stalking or sexual assault whether committed by a household member or not;

(2)     means an incident by a household member against another household member consisting of or resulting in:

(a)     physical harm;

(b)     severe emotional distress;

(c)     bodily injury or assault;

(d)     a threat causing imminent fear of bodily injury by any household member;

(e)     criminal trespass;

(f)     criminal damage to property;

(g)     repeatedly driving by a residence or work place;

(h)     telephone harassment;

(i)     harassment; or

(j)     harm or threatened harm to children as set forth in this paragraph; and

(3)     does not mean the use of force in  self-defense or the defense of another;

E.     "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child or a person with whom the petitioner has had a continuing personal relationship.  Cohabitation is not necessary to be deemed a household member for purposes of this section;

F.     "mutual order of protection" means an order of protection that includes provisions that protect both parties;

G.     "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;

H.     "protected party" means a person protected by an order of protection; and

I.     "restrained party" means a person who is restrained by an order of protection.