Temporary Order Of Protection Against Petitioner And Order To Appear {4-963A}

4-963A. Temporary order of protection against petitioner and order to appear. [Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978.] STATE OF NEW MEXICO COUNTY OF JUDICIAL DISTRICT, Petitioner v. No. , Respondent TEMPORARY ORDER OF PROTECTION AGAINST PETITIONERAND ORDER TO APPEAR The court has reviewed the sworn counter-petition alleging domestic abuse. Thecourt having considered the petition, FINDS that the court has jurisdiction and that there isprobable cause to believe that an act of domestic abuse has occurred. The court ORDERS: [ ] 1.Petitioner shall not write to, talk to, visit or contact the respondent in any wayexcept through respondent's lawyer, if respondent has a lawyer. [ ] 2.Petitioner shall not abuse the respondent or the respondent's householdmembers in any way. "Abuse" means any incident by petitioner againstrespondent or respondent's household members resulting in (1) physicalharm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threatcausing imminent fear of bodily injury; (5) criminal trespass; (6) criminaldamage to property; (7) repeatedly driving by a residence or workplace; (8)telephone harassment; (9) stalking; (10) harassment; (11) harm or threatenedharm to children in any manner set forth above. [ ] 3.Petitioner shall not ask or cause other persons to abuse the respondent or therespondent's household members. [ ] 4.Petitioner shall not go within yards of the respondent's home orschool or workplace. Petitioner shall not go within yards of therespondent at all times except . If at a public place, suchas a store, petitioner shall not go within yards of respondent. [ ] 5. shall have temporary physical custodyof the following child(ren): American LegalNet, Inc. www.FormsWorkFlow.com 2.[ ] 6.With respect to the child(ren) named in the preceding paragraph, [ ]respondent [ ] petitioner shall have: [ ]A.No contact with the child(ren) until further order of this courtand shall stay yards away from the child(ren)'sschool. [ ] B.Contact with the child(ren), subject to: .[ ]7.Neither party shall remove the child(ren) named in the preceding paragraphfrom the State of New Mexico or disenroll them from the child(ren)222s presentschool during the period of this temporary order of protection. [ ] 8.The court may decide temporary child and interim support at the hearinglisted below. Both parties shall bring to the hearing proof of income in theform of the two latest pay stubs or the federal tax returns from the previousyear, proof of work related day-care costs and proof of medical insurancecosts for the child(ren). [ ] 9.[ ]A.Petitioner is ordered to immediately leave the residence at and to not return untilfurther court order. [ ] B.Law enforcement officers are hereby ordered to evictpetitioner from the residence at . [ ]C.Petitioner is ordered to surrender all keys to the residence tolaw enforcement officers. [ ] 10.Law enforcement officers or shallaccompany [ ] respondent [ ] petitioner to remove essential tools (as specifiedin No. 13), clothing, and personal belongings from the residence at .[ ] 11.Neither party shall transfer, hide, add debt to, sell or otherwise dispose of theother's property or the joint property of the parties except in the usual courseof business or for the necessities of life. The parties shall account to the courtfor all such changes to property made after the order is served or American LegalNet, Inc. www.FormsWorkFlow.com 3communicated to the party. Neither party shall disconnect the utilities of theother party's residence. [ ] 12.This order supersedes any inconsistent prior order in Cause No. and any other prior domestic relations order anddomestic violence restraining orders between these two parties. [ ] 13. Other: . [ ] 14. While this order of protection is in effect, respondent should refrain from anyact that would cause the petitioner to violate this order. This provision is notintended to and does not create a mutual order of protection. Under Section40-13-6(D) NMSA 1978, only the restrained party can be arrested forviolation of this order. HEARING IT IS FURTHER ORDERED that the parties shall appear in the Judicial District Court, Room , at, before , at (a.m.) (p.m.) on (date) for hearing on whether an extended order of protection againstdomestic abuse will be issued. Either party may bring witnesses or evidence and may berepresented by counsel at this hearing. Petitioner may file a Response to the Petition forOrder of Protection from Domestic Abuse, see Form 4-962 NMRA, on or before the hearing.If the petitioner fails to attend this hearing, an extended order may be entered by defaultagainst petitioner and a bench warrant may be issued for petitioner's arrest. If respondentwillfully fails to appear at this hearing, the counter-petition may be dismissed. This orderremains in force until , . DO NOT BRING ANY CHILDREN TO THE HEARING WITHOUT PRIORPERMISSION OF THE COURT. ENFORCEMENT OF ORDER If the petitioner violates any part of this order, the petitioner may be charged with acrime, arrested, held in contempt of court, fined or jailed. SERVICE AND NOTICE TO LAW ENFORCEMENT AGENCIES Upon the signing of this order by a district court judge, a law enforcement officershall serve on the petitioner a copy of this order and a copy of the counter-petition. American LegalNet, Inc. www.FormsWorkFlow.com 4A LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TOENFORCE THIS ORDER. [ ]I have reviewed the counter-petition for an order of protection and maderecommendations to the district judge regarding its disposition. (Signed) Court telephone number (Title) SO ORDERED: District Judge Date and time approved USE NOTE1The temporary order of protection and order to appear requires a proof of return ofservice. The committee has been informed that each local law enforcement agencyhas its own return of service form will be used for this purpose. 2.Personal service of the t emporary order of protection and order to appear will assurethat the temporary order is fully enforceable. It is possible that actual notice to thepetitioner of the content of the temporary order will also suffice to bind the petitionerto comply with the order. Territory of New Mexico v. Clancy, 7 N.M. 580, 583(1894). [Approved, effective May 1, 2001; as amended by Supreme Court Order 07-8300-20,effective September 17, 2007; as amended by Supreme Court Order No. 08-8300-40,effective December 15, 2008.] American LegalNet, Inc. www.FormsWorkFlow.com