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DV Counter Petition - New Mexico

DV Counter Petition Form. This is a New Mexico form and can be used in McKinley County 11th Judicial District Local District Court .
 Fillable pdf Last Modified 12/18/2013
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COUNTER-PETITION FOR ORDER OF PROTECTION FROM DOMESTIC ABUSE General Information IF YOU ARE GRANTED THIS ORDER, NEITHER YOU NOR THE RESTRAINED PARTY MAY HAVE ANY CONTACT WITH EACH OTHER BY PHONE, TEXT MESSAGING, INTERNET OR OTHERWISE WHILE THE ORDER IS IN EFFECT. PURPOSE OF THESE PROCEEDINGS: The purpose of an Order of Protection (also known as a Restraining Order) issued under the Family Violence Protection Act is to stop the violence and to prevent it from happening again. The first Order of Protection is temporary and only lasts for 10 days. If the Court issues a Temporary Order of Protection, you will be required to attend a Court hearing in about 10 days so that the Court can decide whether the order should last longer. The Temporary Order of Protection, if issued, is also an Order To Appear at this hearing. At the hearing, the Court may issue an Order of Protection that restrains the actions of another person for a longer time period. An Order of Protection can resolve other issues such as those regarding property, debts, spousal support and child support and custody, but only for 6 months. An Order of Protection is not a permanent solution for these problems. If you need a legal separation, divorce or permanent orders about child custody and child support, YOU SHOULD SEEK THE ASSISTANCE OF A LAWYER. Ask the Court Clerk for a list of legal resources. 12/15/08 REV 1 American LegalNet, Inc. www.FormsWorkFlow.com COUNTER-PETITION FOR ORDER OF PROTECTION FROM DOMESTIC ABUSE Instructions 1. Type or print in ink all of the information you enter on this form. Make sure your writing is readable. 2. You will be the "Respondent" and the other person will be the "Petitioner." Because the other person was the first to file a petition based on domestic abuse, that person's name will remain as the first party name listed in your case. 3. Fill in the "No. DV" blank with the case number on the court papers filed by the other person which you have received. 4. Your Counter-Petition for an Order of Protection is a very serious Court action to restrain the actions of another person. The information you provide must be honest and truthful. 5. Fill in the blanks that apply to your situation. 6. IF you and the Petitioner have children together, part 3 of the Counter-Petition must be completed. Section 40-10A-209 NMSA 1978 of the Uniform Child-Custody Jurisdiction Enforcement Act requires the first pleading of every custody action to give information under oath as to the child(ren)'s present address, the places where the child(ren) has/have lived within the last (5) years and the names and present addresses of the persons with whom the child(ren) has/have lived during that period. 7. IF you do not want the Petitioner to know your address, do not put your current address on the Counter-Petition and: a. Check the box in the Counter-Petition that says: "I DO NOT WANT PETITIONER TO KNOW MY ADDRESS NOW OR AFTER THE HEARING FOR THE FINAL ORDER OF PROTECTION. I HAVE COMPLETED FORM 4961B AND GIVEN IT TO THE COURT CLERK. The Court Clerk will give you form 4-961B to fill out. b. Check the box at the top of the Information Cover Sheet that says: "I REQUEST THAT PETITIONER NOT KNOW MY PRESENT ADDRESS." 8. IF you do not want the Petitioner to know your address and you do not need an Order of Protection immediately, you may also consider participating in the "Confidential 12/15/08 REV 2 American LegalNet, Inc. www.FormsWorkFlow.com Address Program." Ask the District Court Clerk for a brochure that explains this program and its cost. 9. When you have finished the Counter-Petition for Order of Protection From Domestic Abuse, you must sign it before a notary. Present picture identification and then sign it either: a. In front of the Court Clerk (who acts as a Notary) b. In front of a Notary Public You are swearing, under oath and penalty of perjury, that the information in the form is true and correct. Make sure that the information IS true and correct. 10. Give the Counter-Petition for Order of Protection From Domestic Abuse to the District Court Clerk at: 207 West Hill Ave., Rm 200, Gallup, NM 87301 (505) 8636816. 11. The Clerk will give you a date and time to return for your paperwork. Please call (505) 863-6816 to see if your Temporary Restraining Order has been granted. 12. When a Temporary Order of Protection is issued, the Court Clerk will give you: a. A certified copy of the Temporary Order of Protection. (You may ask the Court Clerk to provide you with additional certified copies if you think you need additional copies.) Keep a certified copy of the Temporary Order of Protection with you at all times. b. A copy of the Counter-Petition for Order of Protection From Domestic Abuse that you have just filed. Bring your copy with you to the hearing that is scheduled in about 10 days. 13. The Petitioner must be given, or "served" with, a copy of the Temporary Order of Protection as well as the Counter-Petition for Order of Protection From Domestic Abuse that you filed. The District Court Clerk will send these documents to the McKinley County Sheriff's Office which will see that the Petitioner is served with a copy. However, you must complete another form included in this packet entitled Service of Process Information For Counter Petition For Order of Domestic Abuse; Information about the Petitioner. See instructions later in this packet. IF the Petitioner lives in another state, county or on the reservation, YOU WILL BE 12/15/08 REV 3 American LegalNet, Inc. www.FormsWorkFlow.com RESPONSIBLE for having the Petitioner served with the Order and Counter Petition and for seeing that proof of service is filed with this Court. (You will not need to complete the form entitled Service of Process Information For Counter Petition For Order of Domestic Abuse; Information about the Petitioner. 14. READ THE ORDER SO THAT YOU KNOW WHAT IT SAYS. 15. MAKE SURE THAT YOU GO TO THE HEARING THAT IS SCHEDULED IN THE ORDER. THE ORDER WILL TELL YOU THE DATE, TIME AND PLACE OF THE HEARING (McKinley County Courthouse, 207 W. Hill, Rm 200, Gallup, NM 87301.) 12/15/08 REV 4 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF McKINLEY ELEVENTH JUDICIAL DISTRICT COURT Petitioner v. No. D-1113-DV Respondent COUNTER-PETITION FOR ORDER OF PROTECTION FROM DOMESTIC ABUSE 1. [] COURT ASSISTANCE REQUEST We will need an interpreter in [ ] me [ ] petitioner to interpret at hearings for [] We will need _________________
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