Order Of Protection {4-965}

American LegalNet, Inc. www.FormsWorkFlow.com 14-965. Order of protection, mutual, non-mutual. [Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978] ADDITIONAL PAGES1 OF ORDER OF PROTECTIONTHIS MATTER came before the court on the day of , through a hearing on the [ ] petitioner's [ ] respondent's request for an orderprohibiting domestic abuse. The court further FINDS, CONCLUDES AND ORDERS: (check only applicable paragraphs) 1.NOTICE, APPEARANCES AND STATUS [ ] Petitioner was present. [ ] Petitioner was represented by counsel. [ ] Respondent was present. [ ] Respondent was represented by counsel. [ ]Respondent was properly served with a copy of the petition, temporary orderof protection prohibiting domestic abuse and order to appear.2 [ ]Respondent was properly served with a copy of the petition and order toappear.2 [ ]Respondent received actual notice of the hearing and had an opportunity toparticipate in the hearing.2 [ ]Petitioner was properly served with a copy of the counter-petition and orderto appear.2 [ ]Petitioner was properly served with a copy of the temporary order and orderto a ppear. [ ]Petitioner received actual notice of the hearing and had an opportunity toparticipate in the hearing.2 [ ]The relationship of the parties is that of an "intimate partner" as defined in18 USC Section 921 (a)(32). (See 2.b below)2.CONSEQUENCES OF ENTRY OF ORDER OF PROTECTION Violation of this order by the [ ] respondent [ ] petitioner can have seriousconsequences, including: A.If you violate the terms of this order, you may be charged with amisdemeanor, which is punishable by imprisonment of up to three hundredsixty-four (364) days and a fine of up to one thousand dollars ($1,000) orboth. You may be found in contempt of court. B.If you are the spouse or former spouse of the other party, an individual who American LegalNet, Inc. www.FormsWorkFlow.com 2cohabitates with or has cohabitated with the other party, or if you and theother party have had a child together, federal law prohibits you frompossessing or transporting firearms or ammunition while this order is ineffect. If you have a firearm or ammunition, you should immediately disposeof the firearm or ammunition. Violation of this law is a federal crimepunishable by imprisonment for up to ten (10) years and a fine of up to twohundred fifty-thousand dollars ($250,000). C.If you are not a citizen of the United States, violation of this order may havea negative effect on your application for residency or citizenship. 3.FINDING OF DOMESTIC ABUSE An act of domestic abuse was committed by [ ] respondent [ ] petitioner thatnecessitates an order of protection. [ ] Petitioner [ ] Respondent is the protected party underthis order. 4.DOMESTIC ABUSE PROHIBITED [ ]Respondent [ ] Petitioner shall not abuse the other party or members of theother party's household. "Abuse" means any incident by one party against theother party or another household member resulting in (1) physical harm; (2)severe emotional distress; (3) bodily injury or assault; (4) a threat bypetitioner or respondent causing imminent fear of bodily injury to the otherparty or any household member; (5) criminal trespass; (6) criminal damageto property; (7) repeatedly driving by petitioner's or respondent's or ahousehold member's residence or workplace; (8) telephone harassment; (9)stalking; (10) harassment; or (11) harm or threatened harm to children in anymanner set forth above. [ ]Respondent [ ] Petitioner shall not ask or cause other persons to abuse theother party or any other household members. 5.CONTACT PROHIBITIONS [ ]Respondent [ ] Petitioner shall stay yards away from theother party, the other party's home and any workplace at all times, unless ata public place, where the [ ] respondent [ ] petitioner shall remain yards away from the other party except as specificallypermitted by this order. [ ]Respondent [ ] Petitioner shall not telephone, talk to, visit or contact the otherparty in any way except as follows:. [ ]The parties may contact each other by telephone regarding medicalemergencies of minor children; American LegalNet, Inc. www.FormsWorkFlow.com 3[ ]Other.[ ]The parties may attend joint counseling sessions at the counselor's discretion. (Unless the court has sealed the protected party222s address, include it below.) Protected party222s addresses (home address) (work address) (city) (if applicable, tribe or pueblo) (state and zip code) 6.COUNSELING [ ]Respondent shall attend counseling at , contacting thatoffice within five (5) days. The respondent shall participate in, attend andcomplete counseling as recommended by the named agency. [ ]Petitioner shall attend counseling at , contacting that officewithin five (5) days. The petitioner shall participate in, attend and completecounseling as recommended by the named agency. [ ]Respondent shall report to , for a [ ] drug [and] [ ]alcohol screen by , (date) with the resultsreturned to this court. [ ]Petitioner shall report to , for a [ ] drug [and] [ ] alcoholscreen by , (date) with the results returned tothis court. [ ]Other counseling requirements: .7.CUSTODY [ ]The court's orders regarding the minor child(ren) are addressed in theCustody, Support and Division of Property Attachment of this order ofprotection.3 American LegalNet, Inc. www.FormsWorkFlow.com 48.PROVISIONS RELATING TO SUPPORT [ ]The court's orders regarding support issues for the parties are found in theCustody, Support and Division of Property Attachment of this order ofprotection.3 9.PROPERTY, DEBTS AND PAYMENTS OF MONEY[ ] The court's orders regarding property, debts and payment of money arefound in the Custody, Support and Division of Property Attachment of thisorder of protection.3 10.PARTIES SHALL NOT CAUSE VIOLATION While this order of protection is in effect the protected party should refrain from anyact that would cause the restrained party to violate this order. This provision is notintended to and does not create a mutual order of protection. Under Section 40- 13-6(D) NMSA 1978, only the restrained party can be arrested for violation of this order.11.ADDITIONAL ORDERS [ ]Review hearing. The parties are ordered to appear for a review hearing on the day of , , at (a.m.)(p.m.). Failure to appear may result in the issuance of a bench warrant foryour arrest or dismissal of this order. Any party ordered to attend counseling shall bring proof of counseling to the reviewhearing. IT IS FURTHER ORDERED4: .12.NOTICE TO LAW ENFORCEMENT AGENCIES ANY LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFULMEANS TO ENFORCE THIS ORDER. [ ]Respondent [ ] Petitioner is ordered to surrender all keys to theresidence to law enforcement officers. [ ]Law enforcement officers or shall be presentduring any property exchange. [ ]This order supersedes prior orders in County, Stateof , Cause No. to the extent thatthere are contradictory provisions. American LegalNet, Inc. www.FormsWorkFlow.com 513.NOTICE TO PARTIES This order does not serve as a divorce and does not permanently resolve childcustody or support issues. To make a request to extend this order, the protected party should return to the courtwith a copy of this order at least three weeks before the order expires. 14.RECOMMENDATIONS I have: [ ]reviewed the petition for order of protection; [ ]reviewed the counter-petition for order of protection; [ ]conducted hearings on the merits of the petition; [ ]after notice and hearing, I prepared this order as my recommendationto the district court judge regarding disposition of the request fororder of protection. If any party disagrees with the recommendations,that party may, but is not required to, file written objections and arequest for hearing on those objections with the district court withinten (10) days. A copy of those objections and a request for hearingmust be served by mail on the other party.Signed Title Court's telephone number: The court has reviewed the recommendations and adopts them. This order remains in effectunless and until it is modified by a district court judge or it expires. If objections are filedthe court may conduct a hearing to resolve the objections. (See Rule 1-053.1(H)(1)(a)NMRA). SO ORDERED: