Chapter 40 — Chapter 40

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…

A. In the sentencing proceeding for a person convicted of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, a prosecutor may request that the criminal court grant the victim an order of protection to remain in effect for the duration of the criminal court's juris…

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 …

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…

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 pe…

History: Laws 1992, ch. 107, § 1; repealed Laws 2005, ch. 30, § 3.

qualifications. A. A domestic violence special commissioner shall be appointed by and serve at the pleasure of the chief judge of the judicial district to which the officer is assigned. B. A domestic violence special commissioner shall: (1) be an attorney licensed to practice law…

Sections 1 through 9 [40-13A-1 to 40-13A-9 NMSA 1978] of this act may be cited as the "Uniform Interstate Enforcement of Domestic Violence Protection Orders Act". History: Laws 2013, ch. 47, § 1.

As used in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act: A. "foreign protection order" means a protection order issued by a tribunal of another state; B. "issuing state" means the state whose tribunal issues a protection order; C. "mutual foreign …

A. A person may seek enforcement of a valid foreign protection order in a New Mexico tribunal. The tribunal shall enforce the terms of the order, including terms that provide relief that a New Mexico tribunal would lack power to provide but for this section. The tribunal shall en…

A. A New Mexico law enforcement officer, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a New Mexico tribunal. Presentation of a foreign…

A. A person may register a foreign protection order in New Mexico. To register a foreign protection order, a person shall present to the clerk of the district court: (1) a copy of the foreign protection order that has been certified by the issuing tribunal; and (2) an affidavit b…

A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home- rule municipality, shall not make available publicly on the internet any information regarding the regi…

A protected individual who pursues remedies under the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act is not precluded from pursuing other legal or equitable remedies against the respondent. History: Laws 2013, ch. 47, § 7.

In applying and construing the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact that act. History: Laws 2013, ch. 47,…

The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act applies to protection orders issued before July 1, 2013 and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2013. A request for enforcement of a foreign prote…

Chapter 40, Article 13B NMSA 1978 may be cited as the "Confidential Substitute Address Act". History: Laws 2018, ch. 40, § 1; 2023, ch. 39, § 92.

As used in the Confidential Substitute Address Act: A. "agency" means an agency of the state or of a political subdivision of the state; B. "applicant" means a person who submits an application to participate in the confidential substitute address program; C. "application assista…

A. The "confidential substitute address program" is created in the office of the secretary of state to provide a process by which a victim of domestic violence may protect the confidentiality of the victim's residential and delivery addresses in public records. B. An applicant, w…

A. The secretary of state shall: (1) certify applicants whose applications comply with the requirements of the Confidential Substitute Address Act to participate in the confidential substitute address program; (2) upon certification with respect to each participant: (a) issue a c…

records. A. A participant shall: (1) contact each agency that requests or uses an address; and (2) provide the agency with a copy of the participant's confidential substitute address identification card. B. Agencies that receive copies of confidential substitute address identific…

number; requirements. A. A participant shall notify the secretary of state within ten days of legally changing the participant's name and shall provide the secretary of state with a certified copy of documentation of the legal name change. B. A participant shall notify the secret…

A. A participant shall be decertified from the confidential substitute address program if: (1) the participant submits a request to withdraw from the confidential substitute address program to the secretary of state; (2) the participant fails to notify the secretary of state of a…

prohibited. A. The secretary of state and an agency shall not disclose the residential address, delivery address, telephone number or email address of a participant unless the information is required to be disclosed pursuant to a court order. A person or agency that receives a pa…

The secretary of state shall promulgate rules, including rules regarding records and confidentiality retention, to implement the provisions of the Confidential Substitute Address Act. History: Laws 2018, ch. 40, § 9.

This act [40-14-1 to 40-14-15 NMSA 1978] may be cited as the "Adult Adoption Act". History: Laws 1993, ch. 296, § 1.

A. Any person who responds to a notice of petition for adoption shall file a verified response to the petition within the time limits set forth in Section 12 of the Adult Adoption Act. B. The verified response shall be made pursuant to the Rules of Civil Procedure for the Distric…

Upon motion of any party, or upon the court's own motion, the court may appoint an attorney for an adoptee whom the court finds to be incompetent. Payment for the appointed attorney shall be assessed against the parties in the court's discretion. History: Laws 1993, ch. 296, § 11…

A. The court shall conduct a hearing on the petition for adoption. The petitioner and the adoptee shall attend the hearing, unless the court waives a party's appearance for good cause shown by the party. As used in this subsection, "good cause" includes burdensome travel requirem…

adoption. A. Once adopted, an adoptee shall take a name agreed upon by the petitioner and the adoptee and approved by the court. B. After adoption, the adoptee and the petitioner shall sustain the legal relation of parent and child as if the adoptee were the biological child of t…

A. Within thirty days after an adoption decree is entered, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee showing the petitioner as the adoptee's parent and shall provide the application to the clerk of the court. The clerk of t…

Every judgment establishing the relationship of parent and child by adult adoption issued pursuant to due process of law by the tribunals of any other jurisdiction within or without the United States shall be recognized in this state, so that the rights and obligations of the par…

As used in the Adult Adoption Act: A. "adoptee" means any adult who is the subject of an adoption petition; B. "adult" means any individual who is eighteen years of age or older; C. "court" means the district court; D. "parent" means the biological or adoptive parent; E. "person"…

The court shall have original jurisdiction over proceedings arising under the Adult Adoption Act. History: Laws 1993, ch. 296, § 3.

A. A petition for adoption may be filed in any county where: (1) a petitioner resides; or (2) the adoptee resides. B. A court that has jurisdiction under the Adult Adoption Act may decline to exercise jurisdiction any time before entering a decree if the court finds that under th…

A. Any adult may be adopted. B. Residents who are one of the following may adopt: (1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or (2) a married adult, without the spouse of the married adult j…

A. Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption. B. A consent shall be in writing, signed by the adoptee and shall state the follow…

A petition for adoption shall be filed and verified by the petitioner and shall allege: A. the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; an…

The caption of a petition for adoption shall be styled "In the Matter of the Adoption Petition of (Petitioner's Name)". History: Laws 1993, ch. 296, § 8.

A. A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing: (1) the adoptee; (2) the parents of the adoptee; (3) the legally appointed conservator or guardia…

Sections 1 through 4 of this act [40-15-1 to 40-15-4 NMSA 1978] may be cited as the "Family Preservation Act". History: Laws 2005, ch. 68, § 1.

The purpose of the Family Preservation Act is to confirm the state's policy of support for the family and to emphasize the responsibilities of parents and the state in the healthy development of children and the family as an institution. The Family Preservation Act is also intend…

It is the policy of the state that its laws and programs shall: A. support intact, functional families and promote each family's ability and responsibility to raise its children; B. strengthen families in crisis and at risk of losing their children, so that children can remain sa…

A. Parents have joint primary responsibility for the well-being of their family. Parents have the primary responsibility to: (1) ensure that their children have adequate food, shelter, health care and a healthy environment; (2) support their children in all ways possible to grow …

criminal sexual penetration. A. At any time, a biological parent may petition the court for termination of the parental rights of a child's other biological parent, where that other biological parent has been convicted of criminal sexual penetration and where the criminal sexual …

Sections 1 through 13 [40-17-1 to 40-17-13 NMSA 1978] of this act may be cited as the "Extreme Risk Firearm Protection Order Act". History: Laws 2020, ch. 5, § 1.

A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer,…

A person who fails to relinquish, or who possesses or has custody or control over, any firearm or who purchases, receives or attempts to purchase, possess or receive any firearm, in violation of a temporary extreme risk firearm protection order or a one- year extreme risk firearm…

availability of data. A. The clerk of the court shall provide a copy of a one-year extreme risk firearm protection order or temporary extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act to any law enforcement agency designated to…

disposition. A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection Order Act shall be returned to the respondent within ten days following the expiration or termination of an extreme risk firearm protection order. B. A respondent shall not be required…