|
Checklist of Relief Available through
a Protection Order
|
| Relief |
Statute |
Case Law |
|
No further abuse
- to petitioner
- to children
- to other household members
|
§40-13-5(A) |
|
|
Stay away/no contact with provisions
- petitioner
- child(ren)
- other household members
- other locations (e.g., work, church,
etc.)
|
§40-13-5(A)(2) |
|
|
No contact orders, including
- personal
- telephonic
- by third parties acting on behalf
of respondent
- by mail
- by electronic mail
|
§40-13-5(A)(3) |
|
|
Orders to vacate
- not re-enter
- surrender keys
- not damage premises or petitioner's
property
- not shut off utilities or discontinue
mail delivery
|
§40-13-5(A)(1) |
|
|
Orders concerning personal property
- disposition
- order party not to take, convert,
sell, damage, destroy, transfer, or encumber property
- use of automobile
- police standby to retrieve belongings
|
§40-13-5(A)(4) |
|
| Orders concerning weapons |
18 U.S.C.A. 922 (g) (8) |
|
| Orders for abuser to
obtain treatment* |
§40-13-5(A)(6) |
|
| Orders concerning custody |
§40-13-5(A)(2) and (C)
|
Lucero v. Pino, 124 N.M. 28, 946 P.2d
232 (Ct App. 1997) |
|
Orders concerning visitation
- supervised visitation
- parenting classes for the perpetrator
|
§40-13-5(A)(2) and (C) |
|
|
Orders for monetary relief
- child support
- spousal support
- out-of-pocket expenses
- counseling expenses
- cost of seeking temporary shelter
- replacements or repairs
- lost wages *
- other monetary relief
|
§40-13-5(A)(2), (4), (5) |
|
|
Orders for police assistance
- serve notice
- arrest for violations
- assist with vacate orders
- police standby procedure
|
§40-13-1 et seq. |
|
*
Effective July 1, 2001; House Bill 130, New Mexico Legislative
Session 2001.
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