The Family Violence Protection Act, Secs. 40-13-1 through 40-13-8, NMSA 1978, deals with situations involving Domestic Violence (also called "domestic abuse") in which the Special Commissioner for Domestic Violence may issue a preliminary ex parte Temporary Restraining Order ("TRO") and, after a hearing, may also issue a continuing Order Prohibiting Domestic Violence ("continuing Order").  

Petitioners ("victims") may call and come into the Domestic Violence Office at the Third Judicial District Court in Las Cruces during business hours to inquire as to the availability of a TRO against a perpetrator of domestic violence ("Respondent") and to report violations of a TRO or a continuing Order.  

The Domestic Violence Department responds to these inquiries and provides victims with the Petition for Order Prohibiting Domestic Violence forms, Affidavit of Violation forms, and other related forms such as Request forms for modifying or extending existing Orders. Victims may fill out the forms at the office or take them home to return them later. Neither the Commissioner nor the office staff fills out the forms for the victims or advises them as to what is to be stated in the forms, other than the information which is necessary for the office to process the forms. If a victim requests such assistance, the office staff may refer them to the Victims' Assistance Programs with the District Attorney's office and the City of Las Cruces.  

An ex-parte TRO is effective for 10 days from the date it is issued. Weekends and legal holidays are not counted in the calculation of this 10 day period. The TRO restrains the Respondent from committing specific acts of domestic violence, may provide other relief to the victim such as temporary custody of children or exclusive use of his or her residence, and directs that the Respondent and the victim appear before the Commissioner for a hearing within 10 days (excluding weekends and legal holidays) from the date the TRO is issued to show cause why the TRO should not be continued and why other relief requested in the Petition should not be granted.  

Additional Information: Contact 575.528.8315

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