DOMESTIC ABUSE DEFINITIONS

SB0080

SENATE BILL 80

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antoinette Sedillo Lopez

AN ACT

RELATING TO DOMESTIC AFFAIRS; AMENDING THE FAMILY VIOLENCE
PROTECTION ACT; CHANGING THE DEFINED TERM "DOMESTIC ABUSE" TO
"ABUSE" AND EXPANDING THE DEFINITION; CLARIFYING THAT A COURT
MAY PROVIDE FOR THE POSSESSION, CONTROL AND PROTECTION OF A
PARTY'S ANIMAL IN AN ORDER OF PROTECTION; MAKING CONFORMING
AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 40-13-1.1 NMSA 1978 (being Laws 2002,
Chapter 34, Section 2 and Laws 2002, Chapter 35, Section 2) is
amended to read:

"40-13-1.1. LEGISLATIVE FINDINGS--STATE POLICY--DUAL
ARRESTS.--The legislature finds that [
domestic
] abuse incidents
are complex and require special training on the part of law
enforcement officers to respond appropriately to [
domestic
]
abuse incidents. The state [
of New Mexico
] discourages dual
arrests of persons involved in incidents of [
domestic
] abuse.
A law enforcement officer, in making arrests for [
domestic
]
abuse, shall seek to identify and shall consider whether one of
the parties acted in self defense."

SECTION 2.
Section 40-13-2 NMSA 1978 (being Laws 1987,
Chapter 286, Section 2, as amended) is amended to read:

"40-13-2. DEFINITIONS.--As used in the Family Violence
Protection Act:

A. "abuse" means:

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

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

(a) physical harm, including temporary
or permanent bodily injury;

(b) battery, assault or threats causing
fear of imminent physical harm;

(c) strangulation or suffocation;

(d) severe emotional distress, including
fear, depression, anxiety or loss of sleep;

(e) harassment or intimidation,
including the act of repeatedly driving by a residence or
workplace of another without a lawful purpose or the act of
following another in a public place;

(f) telephone harassment, internet
harassment or harassment through other digital or electronic
means;

(g) kidnapping, false imprisonment or
the restriction or prohibition of movement;

(h) interference with communication;

(i) exploitation or forced criminal
activity;

(j) criminal damage to or deprivation of
real or personal property of another or damage to jointly owned
or community property;

(k) harm or threatened harm to children;

(l) harm or threatened harm to an
animal;

(m) unauthorized distribution of
sensitive images;

(n) criminal trespass; or

(o) threats to disclose immigration
status;

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

[
B.
]
C.
"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.
]
D.
"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;

(j) strangulation;

(k) suffocation; or

(l) 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. "firearm" means any weapon that will or is
designed to or may readily be converted to expel a projectile
by the action of an explosion or the frame or receiver of any
such weapon;

F. "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;

G. "law enforcement officer" means a public
official or public officer vested by law with a duty to
maintain public order or to make arrests for crime, whether
that duty extends to all crimes or is limited to specific
crimes;

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

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

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

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

L. "strangulation" has the same meaning as set
forth in Section 30-3-11 NMSA 1978; and

M. "suffocation" has the same meaning as set forth
in Section 30-3-11 NMSA 1978."

SECTION 3.
Section 40-13-3 NMSA 1978 (being Laws 1987,
Chapter 286, Section 3, as amended) is amended to read:

"40-13-3. PETITION FOR ORDER OF PROTECTION--CONTENTS--STANDARD FORMS.--

A. A victim of [
domestic
] abuse may petition the
court under the Family Violence Protection Act 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. An action brought under the Family Violence
Protection Act is independent of any proceeding for annulment,
separation or divorce between the parties.

F. Remedies granted pursuant to the Family Violence
Protection Act are in addition to and shall not limit other
civil or criminal remedies available to the parties.

G. Standard simplified petition forms with
instructions for completion shall be available to all parties.
Law enforcement agencies shall keep such forms and make them
available upon request to alleged victims of [
domestic
] abuse."

SECTION 4.
Section 40-13-3.1 NMSA 1978 (being Laws 1995,
Chapter 176, Section 1, as amended) is amended to read:

"40-13-3.1. FORBEARANCE OF COSTS ASSOCIATED WITH
[
DOMESTIC
] ABUSE OFFENSES.--

A. An alleged victim of [
domestic
] abuse shall not
be required to bear the cost of:

(1) the prosecution of a misdemeanor or felony
offense arising out of an incident of [
domestic
] abuse,
including costs associated with filing a criminal charge
against the alleged perpetrator of the abuse;

(2) the filing, issuance or service of a
warrant;

(3) the filing, issuance or service of a
witness subpoena;

(4) the filing, issuance or service of a
petition for an order of protection;

(5) the filing, issuance or service of an
order of protection; or

(6) obtaining law enforcement reports or
photographs or copies of photographs relating to the alleged
abuse or pattern of abuse.

B. No witness fee shall be charged where prohibited
by federal law."

SECTION 5.
Section 40-13-3.2 NMSA 1978 (being Laws 1999,
Chapter 142, Section 2, as amended) is amended to read:

"40-13-3.2. EX PARTE EMERGENCY ORDERS OF PROTECTION.--

A. The district court may issue an ex parte written
emergency order of protection when a law enforcement officer
states to the court in person, by telephone or via facsimile
and files a sworn written statement, setting forth the need for
an emergency order of protection, and the court finds
reasonable grounds to believe that the alleged victim or the
alleged victim's child is in immediate danger of [
domestic
]
abuse following an incident of [
domestic
] abuse. The written
statement shall include the location and telephone number of
the alleged perpetrator, if known.

B. A law enforcement officer who receives an
emergency order of protection, whether in writing, by telephone
or by facsimile transmission, from the court shall:

(1) if necessary, pursuant to the judge's oral
approval, write and sign the order on an approved form;

(2) if possible, immediately serve a signed
copy of the order on the restrained party and complete the
appropriate affidavit of service;

(3) immediately provide the protected party
with a signed copy of the order; and

(4) provide the original order to the court by
the close of business on the next judicial day.

C. The court may grant the following relief in an
emergency order of protection upon a probable cause finding
that [
domestic
] abuse has occurred:

(1) enjoin the restrained party from
threatening to commit or committing acts of [
domestic
] abuse
against the protected party or any designated household
members;

(2) enjoin the restrained party from any
contact with the protected party, including harassing,
telephoning, contacting or otherwise communicating with the
protected party; and

(3) grant temporary custody of any minor child
in common with the parties to the protected party, if
necessary.

D. A district judge shall be available as
determined by each judicial district to hear petitions for
emergency orders of protection.

E. An emergency order of protection expires
seventy-two hours after issuance or at the end of the next
judicial day, whichever time is latest. The expiration date
shall be clearly stated on the emergency order of protection.

F. A person may appeal the issuance of an emergency
order of protection to the court that issued the order. An
appeal may be heard as soon as the judicial day following the
issuance of the order.

G. Upon a proper petition, a district court may
issue a temporary order of protection that is based upon the
same incident of [
domestic
] abuse that was alleged in an
emergency order of protection.

H. Emergency orders of protection are enforceable
in the same manner as other orders of protection issued
pursuant to the provisions of the Family Violence Protection
Act."

SECTION 6.
Section 40-13-4 NMSA 1978 (being Laws 1987,
Chapter 286, Section 4, as amended) is amended to read:

"40-13-4. TEMPORARY ORDER OF PROTECTION--HEARING--DISMISSAL.--

A. Upon the filing of a petition for order of
protection, the court shall:

(1) immediately grant an ex parte temporary
order of protection without bond if there is probable cause
from the specific facts shown by the affidavit or by the
petition to give the judge reason to believe that an act of
[
domestic
] abuse has occurred
and:

[
(2)
]
(a)
cause the temporary order of
protection together with notice of hearing to be served
immediately on the alleged perpetrator of the [
domestic
] abuse;
and

[
(3)
]
(b)
within ten days after the
granting of the temporary order of protection, hold a hearing
on the question of continuing the order; or

[
(4)
]
(2)
if an ex parte order is not granted,
serve notice to appear upon the parties and hold a hearing on
the petition for order of protection within seventy-two hours
after the filing of the petition; provided if notice of hearing
cannot be served within seventy-two hours, the temporary order
of protection shall be automatically extended for ten days.

B. If the court grants a temporary order of
protection, it may award temporary custody and visitation of
any children involved when appropriate.

C. Except for petitions alleging stalking or sexual
assault, if the court finds that the alleged perpetrator is not
a household member, the court shall dismiss the petition."

SECTION 7.
Section 40-13-5 NMSA 1978 (being Laws 1987,
Chapter 286, Section 5, as amended) is amended to read:

"40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE
TO PROPERTY NOT AFFECTED--MUTUAL ORDER OF PROTECTION.--

A. Upon finding that [
domestic
] abuse has occurred
or upon stipulation of the parties, the court shall enter an
order of protection ordering the restrained party to:

(1) refrain from abusing the protected party
or any other household member; and

(2) if the order is issued pursuant to this
section and if the court also determines that the restrained
party presents a credible threat to the physical safety of the
household member after the restrained party has received notice
and had an opportunity to be heard or by stipulation of the
parties, to:

(a) deliver any firearm in the
restrained party's possession, care, custody or control to a
law enforcement agency, law enforcement officer or federal
firearms licensee while the order of protection is in effect;
and

(b) refrain from purchasing, receiving,
or possessing or attempting to purchase, receive or possess any
firearm while the order of protection is in effect.

B. In an order of protection entered pursuant to
Subsection A of this section, the court shall specifically
describe the acts the court has ordered the restrained party to
do or refrain from doing. As a part of any order of
protection, the court may:

(1) grant sole possession of the residence or
household to the protected party during the period the order of
protection is effective or order the restrained party to
provide temporary suitable alternative housing for the
protected party and any children to whom the restrained party
owes a legal obligation of support;

(2) award temporary custody of any children
involved when appropriate and provide for visitation rights,
child support and temporary support for the protected party on
a basis that gives primary consideration to the safety of the
protected party and the children;

(3) order that the restrained party shall not
initiate contact with the protected party;

(4) restrain a party from transferring,
concealing, encumbering or otherwise disposing of the other
party's property or the joint property of the parties except in
the usual course of business or for the necessities of life and
require the parties to account to the court for all such
transferences, encumbrances and expenditures made after the
order is served or communicated to the restrained party;

(5) grant a party exclusive or shared
possession and control of an animal kept, owned or leased by
either party or by a child residing with either party or
prohibit a party from interacting with, taking, transferring,
concealing, mistreating, harming or disposing of the animal;

[
(5)
]
(6)
order the restrained party to
reimburse the protected party or any other household member for
expenses reasonably related to the occurrence of [
domestic
]
abuse, including medical expenses, counseling expenses, the
expense of seeking temporary shelter, expenses for the
replacement or repair of damaged property or the expense of
lost wages;

[
(6)
]
(7)
order the restrained party to
participate in, at the restrained party's expense, professional
counseling programs deemed appropriate by the court, including
counseling programs for perpetrators of [
domestic
] abuse,
alcohol abuse or abuse of controlled substances; and

[
(7)
]
(8)
order other injunctive relief as the
court deems necessary for the protection of a party, including
orders to law enforcement agencies as provided by this section.

C. The order of protection shall contain notice
that violation of any provision of the order of protection is a
violation of state law and that federal law, 18 U.S.C. 922, et
seq., prohibits possession of firearms by certain persons.

D. If the order of protection supersedes or alters
prior orders of the court pertaining to domestic matters
between the parties, the order shall say so on its face. If an
action relating to child custody or child support is pending or
has concluded with entry of an order at the time the petition
for an order of protection was filed, the court may enter an
initial order of protection, but the portion of the order
dealing with child custody or child support will then be
transferred to the court that has or continues to have
jurisdiction over the pending or prior custody or support
action.

E. A mutual order of protection shall be issued
only in cases where both parties have petitioned the court and
the court makes detailed findings of fact indicating that both
parties acted primarily as aggressors and that neither party
acted primarily in self-defense.

F. No order issued under the Family Violence
Protection Act shall affect title to any property or allow a
party to transfer, conceal, encumber or otherwise dispose of
another party's property or the joint or community property of
the parties.

G. Either party may request a review hearing to
amend an order of protection. An order of protection involving
child custody or support may be modified without proof of a
substantial or material change of circumstances.

H. An order of protection shall not be issued
unless a petition or a counter petition has been filed."

SECTION 8.
Section 40-13-6 NMSA 1978 (being Laws 1987,
Chapter 286, Section 6, as amended) is amended to read:

"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES
NOT EXCLUSIVE.--

A. An order of protection granted under the Family
Violence Protection Act shall be filed with the clerk of the
court, and a copy shall be sent by the clerk to the local law
enforcement agency. The order shall be personally served upon
the restrained party, unless the restrained party or the
restrained party's attorney was present at the time the order
was issued. The order shall be filed and served without cost
to the protected party.

B. A local law enforcement agency receiving an
order of protection from the clerk of the court that was issued
under the Family Violence Protection Act shall have the order
entered in the national crime information center's order of
protection file within seventy-two hours of receipt. This does
not include temporary orders of protection entered pursuant to
the provisions of Section 40-13-4 NMSA 1978.

C. An order of protection granted by the court
involving custody or support shall be effective for a fixed
period of time not to exceed six months. The order may be
extended for good cause upon motion of the protected party for
an additional period of time not to exceed six months.
Injunctive orders shall continue until modified or rescinded
upon motion by either party or until the court approves a
subsequent consent agreement entered into by the parties.

D. A peace officer may arrest without a warrant and
take into custody a restrained party [
whom
]
who
the peace
officer has probable cause to believe has violated an order of
protection that is issued pursuant to the Family Violence
Protection Act or entitled to full faith and credit.

E. A restrained party convicted of violating an
order of protection granted by a court under the Family
Violence Protection Act is guilty of a misdemeanor and shall be
sentenced in accordance with Section 31-19-1 NMSA 1978. Upon a
second or subsequent conviction, an offender shall be sentenced
to a jail term of not less than seventy-two consecutive hours
that shall not be suspended, deferred or taken under
advisement.

F. In addition to any other punishment provided in
the Family Violence Protection Act, the court shall order a
person convicted to make full restitution to the party injured
by the violation of an order of protection and shall order the
person convicted to participate in and complete a program of
professional counseling, at the person's own expense, if
possible.

G. In addition to charging the person with
violating an order of protection, a peace officer shall file
all other possible criminal charges arising from an incident of
[
domestic
] abuse when probable cause exists.

H. The remedies provided in the Family Violence
Protection Act are in addition to any other civil or criminal
remedy available to the protected party or the state."

SECTION 9.
Section 40-13-7 NMSA 1978 (being Laws 1987,
Chapter 286, Section 7, as amended) is amended to read:

"40-13-7. LAW ENFORCEMENT OFFICERS--EMERGENCY
ASSISTANCE--LIMITED LIABILITY--PROVIDING NOTIFICATION TO
VICTIMS WHEN AN ALLEGED PERPETRATOR IS RELEASED FROM
DETENTION--STATEMENT IN JUDGMENT AND SENTENCE DOCUMENT.--

A. A person who allegedly has been a victim of
[
domestic
] abuse may request the assistance of a local law
enforcement agency.

B. A local law enforcement officer responding to
the request for assistance shall be required to take whatever
steps are reasonably necessary to protect the victim from
further [
domestic
] abuse, including:

(1) advising the victim of the remedies
available under the Family Violence Protection Act; the right
to file a written statement, a criminal complaint and a request
for an arrest warrant; and the availability of domestic
violence shelters, medical care, counseling and other services;

(2) upon the request of the victim, providing
or arranging for transportation of the victim to a medical
facility or place of shelter;

(3) upon the request of the victim,
accompanying the victim to the victim's residence to obtain the
victim's clothing and personal effects required for immediate
needs and the clothing and personal effects of any children
then in the care of the victim;

(4) upon the request of the victim, assist in
placing the victim in possession of the dwelling or premises or
otherwise assist in execution, enforcement or service of an
order of protection;

(5) arresting the alleged perpetrator when
appropriate and including a written statement in the attendant
police report to indicate that the arrest of the alleged
perpetrator was, in whole or in part, premised upon probable
cause to believe that the alleged perpetrator committed
[
domestic
] abuse against the victim
and, when appropriate,
indicate that the party arrested was the predominant aggressor
;
and

(6) advising the victim when appropriate of
the procedure for initiating proceedings under the Family
Violence Protection Act or criminal proceedings and of the
importance of preserving evidence.

C. The jail or detention center shall make a
reasonable attempt to notify the arresting law enforcement
agency or officer when the alleged perpetrator is released from
custody. The arresting law enforcement agency shall make a
reasonable attempt to notify the victim that the alleged
perpetrator is released from custody.

D. Any law enforcement officer responding to a
request for assistance under the Family Violence Protection Act
is immune from civil liability to the extent allowed by law.
Any jail, detention center or law enforcement agency that makes
a reasonable attempt to provide notification that an alleged
perpetrator is released from custody is immune from civil
liability to the extent allowed by law.

E. A statement shall be included in a judgment and
sentence document to indicate when a conviction results from
the commission of [
domestic
] abuse."

SECTION 10.
Section 40-13-7.1 NMSA 1978 (being Laws
2005, Chapter 281, Section 1) is amended to read:

"40-13-7.1. MEDICAL PERSONNEL--DOCUMENTATION OF
[
DOMESTIC
] ABUSE.--

A. When medical personnel who are interviewing,
examining, attending or treating a person:

(1) receive a report from the person of an act
of [
domestic
] abuse, the medical personnel shall document the
nature of the abuse and the name of the alleged perpetrator of
the abuse in the person's medical file and shall provide the
person with information and referral to services for victims of
[
domestic
] abuse; or

(2) may have reason to believe or suspect that
the person is a victim of [
domestic
] abuse, the medical
personnel shall provide the person with information and
referral to services for victims of [
domestic
] abuse.

B. Medical and other health-care-related
information or communications concerning [
domestic
] abuse of a
person obtained by or from medical personnel during the course
of an interview, examination, diagnosis or treatment are
confidential communications unless released:

(1) with the prior written consent of the
person;

(2) pursuant to a court order; or

(3) when necessary to provide treatment,
payment and operations in accordance with the federal Health
Insurance Portability and Accountability Act.

C. As used in this section, "medical personnel"
means:

(1) licensed health care practitioners;

(2) licensed emergency medical technicians;

(3) health care practitioners who interview,
examine, attend or treat a person and who are under the
guidance or supervision of licensed health care practitioners;
and

(4) residents and interns."

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