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Order Of Dismissal 4-974 - New Mexico

Order Of Dismissal Form. This is a New Mexico form and can be used in Domestic Violence 3rd Judicial District Local District Court .
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STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT , Petitioner, v. No. DV Judge: , Respondent. ORDER OF DISMISSAL THIS MATTER came before the court on the 20 day of , and the court having reviewed the pleadings and being sufficiently advised, FINDS AND ORDERS (check if applicable): The Petitioner failed to appear at the hearing and therefore failed to prosecute this case. The Petitioner appeared at the hearing and requested dismissal of this case. the Respondent has not been served despite reasonable attempts. The allegations in the petition do not allege "domestic abuse" as defined in Section 10-13-2 NMSA 1978. The allegations in the petition involve child custody and divorce issues which should be addressed in the proper court proceeding. The allegations in the petition do not involved a "household member" as defined in Section 40-13-2 NMSA 1978. Other: ORDER OF DISMISSAL D istrict C ourt C ivil Form (4-974) effective D ecem ber 15, 2008 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com The petition for order of protection from domestic abuse is denied. This cause of action is dismissed without prejudice. This cause of action is dismissed with prejudice. 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 recommendation to the district court judge regarding disposition of the request for order of protection. If any party disagrees with the recommendations, that party may, but is not required to, file written objections and request for hearing on those objections with the district court within ten (10) days. A copy of those objections and a request for hearing must be served by mail on the other party. DOMESTIC VIOLENCE SPECIAL COMMISSIONER 575-523-8200 THE COURT HAS REVIEWED THE RECOMMENDATIONS AND ADOPTS THEM. THIS ORDER REMAINS IN EFFECT UNLESS AND UNTIL IT IS MODIFIED BY A DISTRICT COURT JUDGE OR IT EXPIRES. IF OBJECTIONS ARE FILED THE COURT MAY CONDUCT A HEARING TO RESOLVE THE OBJECTIONS (SEE RULE 1-053.1(H)(1)(a) NM RA). SO ORDERED: Date approved DISTRICT COURT JUDGE (Hours) Time approved ORDER OF DISMISSAL D istrict C ourt C ivil Form (4-974) effective D ecem ber 15, 2008 Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE , a copy of this order was hand On delivered faxed mailed to: PETITIONER at PETITIONER'S counsel at , 20 . . , 20 , a copy of this order was hand On delivered faxed mailed to: RESPONDENT at RESPONDENT'S counsel at . . (Signature) (Title) ORDER OF DISMISSAL D istrict C ourt C ivil Form (4-974) effective D ecem ber 15, 2008 Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com
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