Penalties for Violation of Order of Protection from Domestic Violence
An Order of Protection from Domestic Abuse under the Family Violence Protection Act is a type of civil restraining order carrying no criminal penalties. However, violation of an Order of Protection is a criminal offense. In fact, repeated violations may be charged as a 3rd degree felony carrying up to 3 years in prison.
The first violation of an Order of Protection from Domestic Abuse is typically charged under NMSA §40-13-6(F)as a misdemeanor offense punishable by up to one year in jail. In addition to possible criminal charges, a violation can result in a holding of contempt of court. In cases of contempt of court, the judge may order the immediate detention of the offender. The court has a great deal of discretion over how long to detain a person for contempt of court. In many cases, the court will order the person detained for 10 days though the court can order longer or shorter periods of detention. The court will typically also order attorney fees, court costs and fines for contempt of court.
The Family Violence Protection Act provides for mandatory jail time of 72 consecutive hours for a second violation. Again, under NMSA §40-13-6(F), this is not discretionary with the court so there is no possibility of a deferred or suspended sentence or any other considerations. Keep in mind also, that this is in addition to possible additional criminal charges.
Further, the person may be charged with felony aggravated stalking even for a first violation of an Order of Protection under NMSA §30-3A-3.1. Though it is rare that felony charges would be file on a first violation, a second or subsequent violation frequently results in charges of aggravated stalking, a 4th degree felony carrying up to 18 months in prison and a $5000 fine. Like all crimes, subsequent offenses carry increasingly severe punishment. A third or subsequent violation is a 3rd degree felony carrying up to 3 years in prison and a $5000 fine. Multiple violations may also be charged separately on the same complaint with the penalties for each individual charge stacking with possible concurrent sentencing.
Finally, if children are involved, a whole new set of issues arises. The violation can then be charged as child abuse and neglect both under the New Mexico Criminal Code and the Children’s Code. These too carry extremely serious consequences including incarceration, fines, attorney fees, and the loss of child custody and time-sharing.
In short, violations of an Order of Protection from Domestic Abuse are taken very seriously in New Mexico. Extreme caution is advised if there is any possibility of allegations of a violation.
The first violation of an Order of Protection from Domestic Abuse is typically charged under NMSA §40-13-6(F)as a misdemeanor offense punishable by up to one year in jail. In addition to possible criminal charges, a violation can result in a holding of contempt of court. In cases of contempt of court, the judge may order the immediate detention of the offender. The court has a great deal of discretion over how long to detain a person for contempt of court. In many cases, the court will order the person detained for 10 days though the court can order longer or shorter periods of detention. The court will typically also order attorney fees, court costs and fines for contempt of court.
The Family Violence Protection Act provides for mandatory jail time of 72 consecutive hours for a second violation. Again, under NMSA §40-13-6(F), this is not discretionary with the court so there is no possibility of a deferred or suspended sentence or any other considerations. Keep in mind also, that this is in addition to possible additional criminal charges.
Further, the person may be charged with felony aggravated stalking even for a first violation of an Order of Protection under NMSA §30-3A-3.1. Though it is rare that felony charges would be file on a first violation, a second or subsequent violation frequently results in charges of aggravated stalking, a 4th degree felony carrying up to 18 months in prison and a $5000 fine. Like all crimes, subsequent offenses carry increasingly severe punishment. A third or subsequent violation is a 3rd degree felony carrying up to 3 years in prison and a $5000 fine. Multiple violations may also be charged separately on the same complaint with the penalties for each individual charge stacking with possible concurrent sentencing.
Finally, if children are involved, a whole new set of issues arises. The violation can then be charged as child abuse and neglect both under the New Mexico Criminal Code and the Children’s Code. These too carry extremely serious consequences including incarceration, fines, attorney fees, and the loss of child custody and time-sharing.
In short, violations of an Order of Protection from Domestic Abuse are taken very seriously in New Mexico. Extreme caution is advised if there is any possibility of allegations of a violation.
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