SENATE BILL
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO DOMESTIC AFFAIRS; AMENDING THE FAMILY VIOLENCE PROTECTION ACT; DEFINING "CREDIBLE THREAT" FOR THE PURPOSES OF A COURT'S ISSUANCE OF A DOMESTIC VIOLENCE ORDER OF PROTECTION; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 40-13-5 NMSA 1978 (being Laws 1987, Chapter 286, Section 5, as amended) is amended to read:
"40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE TO PROPERTY NOT AFFECTED--MUTUAL ORDER OF PROTECTION.--
A. [Upon finding] If a court hearing a petition for an order of protection determines that domestic abuse has occurred, or upon stipulation of the parties, the court shall [enter] issue an order of protection ordering the restrained party to [(1)] refrain from abusing the protected party or [any other] another household member. [and
(2)] B. If [the] an order of protection is issued pursuant to Subsection A of this section and if the court also determines, or the parties stipulate, that the restrained party presents a credible threat to [the physical safety of the] a household member [after] and that the restrained party has received notice and had an opportunity to be heard, [or by stipulation of the parties] the court shall order the restrained party to:
[(a)] (1) deliver [any firearm] firearms in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee to be held while the order of protection is in effect; and
[(b)] (2) refrain from purchasing, receiving, or possessing or attempting to purchase, receive or possess [any] a firearm while the order of protection is in effect.
C. As used in this section, "credible threat" means a condition or situation that causes a reasonable person, based on the totality of the circumstances, to fear for the person's physical safety or for the physical safety of another and may be evidenced by a statement, an act or a course of conduct attributed to the respondent and does not require the use or threatened use of a firearm.
[B. In] D. An order of protection entered pursuant to [Subsection A of] this section [the court] shall specifically describe the acts the court has ordered the restrained party to do or refrain from doing. As [a] part of [any] an order of protection, the court may:
(1) grant sole possession of [the] a residence or household to the protected party [during the period the order of protection is effective] or order the restrained party to provide temporary suitable alternative housing for the protected party and [any] for children [to whom] the restrained party [owes] has a legal obligation [of] to support;
(2) if applicable and appropriate, award temporary custody of [any] children [involved when appropriate] and provide for visitation rights, child support and temporary support for the protected party on a basis that gives primary consideration to the safety of the protected party and the children;
(3) [order that] prohibit the restrained party [shall not initiate] from initiating contact with the protected party;
(4) restrain a party from transferring, concealing, encumbering or otherwise disposing of the other party's property or the joint or community property of the parties except when done in the usual course of business or for the necessities of life, and require the parties to account to the court for [all such transferences] transfers, encumbrances [and] or expenditures made [after] while the order is [served or communicated to the restrained party] in effect;
(5) [order] require the restrained party to reimburse the protected party or [any other] another household member for expenses reasonably related to the [occurrence of] domestic abuse that gave rise to the order of protection, including medical expenses, counseling expenses, [the expense of] expenses for seeking temporary shelter, expenses for the replacement or repair of damaged property or [the expense of] lost wages;
(6) [order] require the restrained party to participate, [in] at the restrained party's expense, in professional counseling programs deemed appropriate by the court, including counseling programs for perpetrators of domestic abuse, alcohol abuse or abuse of controlled substances; and
(7) order other injunctive relief [as] the court deems necessary for the protection of a party, including orders to law enforcement agencies. [as provided by this section
C.] E. The order of protection shall contain notice that a violation of [any provision of] the order of protection [is] constitutes a separate violation of state [law] and [that] federal law [18 U.S.C. 922, et seq., prohibits] that prohibit the possession of firearms by certain persons.
[D.] F. If [the] an order of protection supersedes or alters a prior [orders] order of the court pertaining to domestic matters between the parties, the order shall say so on its face. If an action relating to child custody or child support is pending or [has concluded with entry of an] if a child custody or child support order is in effect at the time the petition for an order of protection [was] is filed, the court may enter an initial order of protection, but [the portion of the order] final determination on the issues dealing with child custody or child support [will then] shall be [transferred to] made by the court [that has or continues to have] with jurisdiction over the pending action or [prior] the child custody or child support [action] order.
[E.] G. A mutual order of protection [shall] may be issued only [in cases where] if both parties [have petitioned the court] file petitions for orders of protection and the court makes detailed findings of fact indicating that both parties acted [primarily] as aggressors and that neither party acted primarily in self-defense.
[F. No] H. An order issued [under] pursuant to the Family Violence Protection Act shall not affect title to [any] property or allow a party to transfer, conceal, encumber or otherwise dispose of another party's property or the joint or community property of the parties.
[G. Either] I. A party may request a review hearing to amend an order of protection. An order of protection involving child custody or child support may be modified without proof of a substantial or material change of circumstances.
[H.] J. An order of protection shall not be issued unless a petition or [a] counter petition has been filed."
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