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New Mexico Domestic Abuse Laws and How to Get Help for Domestic Abuse


Charges related to domestic abuse are especially tough to handle because they include family members, as well as people with whom the victim is closely related. Such charges can also affect the entire family emotionally. On the other hand, in case a person faces prosecution, he/she has a risk of having a criminal record going forward, which can affect their life adversely in several ways.

It is also imperative to note here that any violent act, which is committed between household or family members, can create a unique threat for the entire society. In order to combat such violent acts, American states have implemented their domestic violence laws.

Domestic Abuse Laws in State New Mexico

Domestic violence in New Mexico is looked upon as a criminal offense according to a state act. The act regards it unlawful to commit a battery or an assault against any household member. In New Mexico, “household members” do not have to compulsorily cohabitate together. However, these members should be related to one another in any of the following ways:

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  1. Former spouse or spouse
  2. Former or present stepparent
  3. Parent
  4. Grandparent
  5. Former or present parent-in-law
  6. Grandparent-in-law
  7. A person with whom another person shares an intimate relationship or has been dating or is a co-parent of a kid

What does Domestic Abuse Law prohibit in New Mexico?

Following are the behaviors that are prohibited under the law of domestic violence/abuse in the state of New Mexico:

  1. Any illegal menacing conduct, threat, or act, which causes the member of a household to believe that there is an adequate risk of hi,/her being subject to an immediate battery, or
  2. An attempt of committing a battery against any member of a household

Battery Defined

It is an illegal application of force, intentional or unlawful touching of another person and is done in an angry, insolent, or rude manner.

Aggravated Assault in New Mexico

In case any of the aggravated circumstances listed below are included, then the punishment for a domestic abuser will go up:

  1. Intentionally and willfully assault a household member having the intention of committing a violent felony, or

  2. Illegally striking or assaulting a household member while equipped with a dangerous weapon

Such intentional, unlawful touching or using force applies to an individual who is a household member and is done in an angry, insolent, or rude manner.

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Restraining or Protective orders in New Mexico

Survivors of domestic violence/abuse can help to combat such abusive acts in the future by filing a petition for a restraining or protective order. A protective or restraining order cannot prevent abuse or stalking and yet it enables the victim to get the abuser arrested by law enforcement in case he/she violates the order. In New Mexico, a protective order can comprise any of the directions mentioned below:

  1. Award possession of the concerned share residence to the protected party albeit for a temporary time
  2. Order the defendant to attend counseling
  3. Grant temporary child custody to the victim/protected party
  4. Preventing the alleged abuser from disposing of the property of the victim/protected party
  5. Direct the defendant to reimburse the victim for costs that are relevant to the domestic violence/abuse or/and
  6. Direct any other injunctive relief deemed necessary by the court in New Mexico

How to get help for Domestic Abuse in New Mexico?

In case a person is being subjected to acts of domestic violence/abuse in the state of New Mexico, they can dial 911, which is the emergency number. When they feel safe, they can get in touch with the New Mexico Coalition Against Domestic Violence.

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