Definitions

NMSA 1978, § 40-13-2 — under Article 13.

NMSA 1978, § 40-13-2

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; (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. History: Laws 1987, ch. 286, § 2; 1993, ch. 109, § 1; 1995, ch. 23, § 3; 2008, ch. 40, § 2; 2010, ch. 85, § 2; 2018, ch. 30, § 4; 2019, ch. 253, § 2.