Domestic Abuse - Family Violence Protection Act

The New Mexico Family Violence Protection Act was created to provide citizens with access to the civil courts in domestic violence situations. This statute defines domestic violence as a situation where an individual commits an act against another household member, which may include threatening harm, actual physical abuse, harassment, and criminal trespass.

A household member can be a spouse, a parent or someone involved in an ongoing personal relationship with the alleged domestic violence offender. The parties do not have to be living in the same home to be considered household members for purposes of the Act. In fact, in situations of sexual assault and stalking, an order of protection can be issued under this statute, regardless of the relationship between the alleged victim and abuser.

The Family Violence Protection Act affords a significant level of protection for victims of domestic violence. At the same time, the Act and the domestic violence divisions of the Courts throughout New Mexico are used maliciously and/or dishonestly against innocent men and women every day. The reasons for these systemic abuses are many. Often, false allegations of domestic violence arise in contested divorce actions. Other times, a false report of domestic violence may be used in an attempt to gain advantage in child custody disputes. Then there are the purely malicious actions bent on destroying an individual with the often catastrophic consequences associated with a finding of domestic violence.

As such, the Family Violence Protection Act affords protections for both parties. The Act provides a number of procedural safeguards to protect both the alleged victim and the alleged offender. Whether a victim or an alleged offender, it is important to understand the process to fully protect one’s rights. Because the consequences for both parties can be significant, it is wise to seek legal counsel in these matters.