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Temporary Domestic Order (Non Marital) - New Mexico

Temporary Domestic Order (Non Marital) Form. This is a New Mexico form and can be used in Paternity 1st Judicial District Local District Court .
 Fillable pdf Last Modified 1/13/2014
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STATE OF NEW MEXICO COUNTY OF FIRST JUDICIAL DISTRICT COURT ____________________________________ Petitioner, vs. Case Number: D-____ -DM-_______________ ____________________________________ Respondent. TEMPORARY DOMESTIC ORDER (Non-Dissolution) THIS MATTER comes before the Court upon the initiation of a new cause of action not incident to dissolution of marriage or to 2010 NMSA 1978, Section 40-4-20. This is not an order of protection under federal or state law. It is otherwise fully enforceable. It applies to both parties. This order will continue in effect until modified. The procedure for modification of this order is described below. THE COURT ORDERS THE PARTIES AS FOLLOWS: 1. This order is effective on the Petitioner as of the time of filing the pleading beginning the new cause of action and is effective on the Respondent upon service. 2. DO NOT injure or physically or mentally abuse, molest, intimidate, threaten or harass the other party, any child of either party, any Guardian ad Litem, mediator, court appointed expert, court employee, or counsel for the other party. 3. DO NOT interfere with the relationship of the other parent with any child of either party. If you are living apart, you shall each continue to have frequent contact and communication with any minor child of both parties, personally and by telephone. Ccsd/Forms Parentage/TDO, Non-dissolution 1 American LegalNet, Inc. 4. DO NOT remove, cause or permit the removal of any minor child of both parties from the State of New Mexico without court order or written consent of the other party. 5. DO NOT change the school, religion, child care, doctor, dentist, physical or mental health care treatment or recreational activities in which the child has been participating of any minor child of both parties. 6. If the parties are living in the same residence at the time this Order is served, they are to attempt to decide which party is to move from the family residence during the pendency of the case considering, among other things, the following: a. residence; b. The parent who is and has been primarily caring personally for the minor children's basic daily needs should remain in the residence; c. A party who maintains a principal place of business within the Minor children of the parties should continue to reside in the residence should continue to reside in the residence; d. A party moving out of the residence is not prejudiced in any way because of the move, including determining the custody of the minor children, any interest in the residence, or any interest in personal property at the residence; e. A party moving from the residence may return to pick up personal belongings at a reasonable time to be agreed upon between the parties; f. Personal belongings do not include furniture unless the parties Ccsd/Forms Parentage/TDO, Non-dissolution 2 American LegalNet, Inc. agree. 7. If the parties are unable to determine which party will move from the residence or what personal property may be removed by the party moving from the residence, one or both parties shall file a Motion for Interim Relief and the Court will decide the issue at a hearing on the Motion. 8. The party who leaves the family residence shall notify the other party, within twenty four (24) hours, of an address where the vacating party can receive mail. 9. A party who moves or changes telephone numbers shall notify the other party of any change of address or telephone number within twenty-four (24) hours of the change. 10. Neither party shall open personal mail or packages addressed only to the other party, but shall forward to or arrange prompt delivery of the mail or packages to the other party. A party who receives personal mail addressed to both parties, mail concerning children, or mail related to the parties' income, debts, or property, may open that mail, and shall promptly send a copy to the other party. 11. Each party is entitled to inventory the contents of the family residence and the dwelling of the other party and to gain access to all properties owned by either of the parties for purposes of inspection, valuation or appraisal. Each party is to cooperate in arranging reasonable times and places to inventory the contents of the other party's residence or dwelling and to provide access to inspect, value or appraise the property. If you ask, the other party must provide access to the home within fifteen (15) days after the Ccsd/Forms Parentage/TDO, Non-dissolution 3 American LegalNet, Inc. date of the request unless the Court orders otherwise. 12. If an order prohibiting domestic violence has been entered, you must arrange to have a law enforcement officer present to monitor the removal of personal belongings. 13. DO NOT sell, remove, transfer, dispose of, hide, encumber or damage any property, real or personal, belonging to either party, except in the usual course of business or for the necessities of life until the Court allows you to do so. Keep an accounting of any transactions to show to the court. 14. DO NOT drop or cancel any insurance policy, including automobile or other vehicle insurance, household insurance, medical or dental insurance or life insurance until the Court allows you to do so. 15. DO NOT terminate or change the beneficiaries of any existing life insurance policy until the Court allows you to do so. 16. DO NOT close any joint financial institution account or cancel any credit cards nor remove the other party from any credit card account during pendency of this case, unless the parties otherwise agree in writing, until the Court allows you to do so. MODIFICATION BY COURT This order may be modified by the court upon request of either party. To request the court to modify this order a motion must be filed with the clerk of the court. The motion must include reference to each paragraph number the party is requesting to be modified or terminated. The party making the request must provide the other party with a Ccsd/Forms Parentage/TDO, Non-dissolution 4 American LegalNet, Inc. copy of the motion requesting the change. If the other party agrees with the request, an order approving the request which has been initialed by both parties as approved shall be filed with the motion. WAIVER BY PARTIES The parties may modify a specific provision of this order by entering into a written agreement and filing it with the court. The parties may also wa
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