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Order of Protection 4-965 - New Mexico

Order of Protection Form. This is a New Mexico form and can be used in Domestic Violence 3rd Judicial District Local District Court .
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District Court Civil Form (4-965) Order of Protection THIRD JUDICIAL DISTRICT DONA ANNA COUNTY, NEW MEXICO Amended Order Case No. __________________ PROTECTED PARTY ([ ] PETITIONER [ ] RESPONDENT) First Middle Last PROTECTED PARTY IDENTIFIERS Date of Birth of Protected Party Other Protected Persons/DOB ____________________________________________ ____________________________________________ And/or on behalf of minor family member(s): (list name and DOB) _____________________________________________________ _____________________________________________________ V. RESTRAINED PARTY RESTRAINED PARTY IDENTIFIERS SEX First Middle Last RACE HAIR DOB HT WT Relationship to Protected Party: ___________________________ ______________________________________________________ Restrained Party's Address ______________________________________________________ ______________________________________________________ SOCIAL SECURITY # Not used in New Mexico DRIVERS LICENSE # STATE EXP DATE EYES Distinguishing Features _______________________ CAUTION: Weapon Involved THE COURT HEREBY FINDS: That it has jurisdiction over the parties and subject matter, and the Restrained Party has been provided with reasonable notice and opportunity to be heard. Additional findings of this order follow on succeeding pages. THE COURT HEREBY ORDERS: That the above named Restrained Party be restrained from committing further acts of abuse or threats of abuse. That the above named Restrained Party be restrained from any contact with the Protected Party. Additional terms of this order are as set forth on succeeding pages. The terms of this order shall be effective until , . WARNINGS TO RESTRAINED PARTY: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and may be enforced by Tribal Lands under 18 U.S.C. Section 2265. Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment under 18 U.S.C. Section 2262. As a result of this order, it may be unlawful for you to possess or purchase ammunition or a firearm, including a rifle, pistol or revolver, under 18 U.S.C. Section 922(g)(8). If you have any questions whether federal law makes it illegal for you to possess or purchase a firearm, you should consult an attorney. ONLY THE COURT CAN CHANGE THIS ORDER. Page 1 of 8 Judge's signature on page 7 American LegalNet, Inc. www.FormsWorkFlow.com ADDITIONAL PAGES OF ORDER OF PROTECTION THIS MATTER came before the court on the 20 day of , through a hearing on the PETITIONER'S RESPONDENT'S request for an order prohibiting domestic abuse. The court further FINDS, CONCLUDES AND ORDERS (check only applicable paragraphs): 1. NOTICE, APPEARANCE 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 order of protection prohibiting domestic abuse and order to appear. Respondent received actual notice of the hearing and had an opportunity to participate in the hearing. Petitioner was properly served with a copy of the counter-petition and order to appear. Petitioner was properly served with a copy of the temporary order and order to appear. Petitioner received actual notice of the hearing and had an opportunity to participate in the hearing. The relationship of the parties is that of an "intimate partner" as defined in 18 USC Section 921 (a)(32). (See 2.b following) ORDER OF PROTECTION - ADDITIONAL PAGES D istrict C ourt C ivil Form (4-965) effective D ecem ber 15, 2008 Page 2 of 8 American LegalNet, Inc. www.FormsWorkFlow.com 2. CONSEQUENCES OF ENTRY OF ORDER OF PROTECTION: Violation of this order by the RESPONDENT PETITIONER can have serious consequences, including: A. If you violate the terms of this order, you maybe charged with a misdemeanor, which is punishable by imprisonment of up to three hundred sixty-four (364) days and a fine of up to one thousand dollars ($1,000) or both. You may be found in contempt of court. B. If you are the spouse or former spouse of the other party, an individual who cohabitates with or has cohabitated with the other party, or if you and the other party have had a child together, federal law prohibits you from possessing or transporting firearms or ammunition while this order is in effect. If you have a firearm or ammunition, you should immediately dispose of the firearm or ammunition. Violation of this law is a federal crime punishable by imprisonment for up to ten (10) years and a fine of up to two hundred fifty-thousand dollars ($250,000). C. If you are not a citizen of the United States, violation of this order may have a negative effect on your application for residency or citizenship. 3. FINDING OF DOMESTIC ABUSE: An act of domestic abuse was committed by RESPONDENT PETITIONER that necessitates an order of protection. PETITIONER is the protected party under this order. RESPONDENT is the protected party under this order. 4. DOMESTIC ABUSE PROHIBITED: RESPONDENT PETITIONER shall not abuse the other party or members of the other party's household. "Abuse" means any incident by one party against the other party or another household member resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) threat by Petitioner or Respondent causing imminent fear of bodily injury to the other party or any household member; (5) criminal trespass; (6) criminal damage to property; (7) repeatedly driving by Petitioner's or Respondent's or a household member's residence or workplace; (8) telephone harassment; (9) stalking; (10) harassment; or (11) harm or threatened harm to children in any manner set forth above. RESPONDENT PETITIONER shall not ask or cause other persons to abuse the other party or any other household members. 5. CONTACT PROHIBITIONS: Page 3 of 8 American LegalNet, Inc. www.FormsWorkFlow.com ORDER OF PROTECTION - ADDITIONAL PAGES D istrict C ourt C ivil Form (4-965) effective D ecem ber 15, 2008 RESPONDENT PETITIONER shall stay yards away from the other party, the other party's home and any workplace at all times, unless at a public place, where the RESPONDENT PETITIONER shall remain yards away from the other party except as specifically permitted by this order. RESPONDENT PETITIONER shall not telephone, talk to, visit or contact the other party in any way except as follows: The parties may
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