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Temporary Order Of Protection Against Petitioner - New Mexico

Temporary Order Of Protection Against Petitioner Form. This is a New Mexico form and can be used in Domestic Restraining Order 1st Judicial District Local District Court .
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4-963. Supreme Court Approved October 29, 2008 FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO COUNTY OF SANTA FE, LOS ALAMOS, RIO ARRIBA Case No.: D-____-DV-20____-00_____ ____________________________, Petitioner v. ____________________________, Respondent TEMPORARY ORDER OF PROTECTION AND ORDER TO APPEAR The court has reviewed the sworn petition alleging domestic abuse. The court having considered the petition, FINDS that the court has jurisdiction, and that there is probable cause to believe that an act of domestic abuse has occurred. The court ORDERS: [] 1. Respondent shall not write to, talk to, visit or contact the petitioner in any way except through petitioner's lawyer, if petitioner has a lawyer. 1 American LegalNet, Inc. [] 2. Respondent shall not abuse the petitioner or the petitioner's household members in any way. "Abuse" means any incident by respondent against petitioner or another household member resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threat causing imminent fear of bodily injury; (5) criminal trespass; (6) criminal damage to property; (7) repeatedly driving by a residence or work place; (8) telephone harassment; (9) stalking; (10) harassment; (11) harm or threatened harm to children in any manner set forth above; [] 3. Respondent shall not ask or cause other persons to abuse the petitioner or the petitioner's household members. [] 4. Respondent shall not go within 100 yards of the petitioner's home or school or work place. Respondent shall not go within 100 yard of the petitioner at all times, if at a public place such as a store respondent shall not go within 25 yards of the petitioner. [ ] Petitioner or [ ] Respondent [] 5. shall have temporary physical custody of the following child (ren): [] 6. With respect to the child (ren) named in the preceding paragraph, [ ] respondent [ ] petitioner shall have: [] A. No contact with the child(ren) until further order of this court and shall stay 100 yards away from the child(ren)'s 2 American LegalNet, Inc. school. [] [] 7. B. Contact with the child (ren), subject to: Neither party shall remove the child(ren) named in the preceding paragraph from the State of New Mexico or disenroll the child(ren) from the child(ren)= s present school during the period of this temporary order of protection. [] 8. The court may decide temporary child and interim support at the hearing listed below. Both parties shall bring to the hearing proof of income in the form of the two latest pay stubs or the federal tax returns from the previous year, proof of work related day-care costs and proof of medical insurance costs for the child(ren) [] 9. [] A. order. [] B. Law enforcement officers are hereby ordered to evict Respondent is ordered to immediately leave the residence at___________, and to not return until further court respondent from the residence ___________________ [] C. Respondent is ordered to surrender all keys to the residence to law enforcement officers. [] 10. Law enforcement officers or shall accompany [ ] respondent [ ] 3 American LegalNet, Inc. petitioner to remove essential tools (as specified in No. 13), clothing, and personal belongings from the residence at ____ [] 11. Neither party shall transfer, hide, add debt to, sell or otherwise dispose of the other's property or the joint property of the parties except in the usual course of business or for the necessities of life. The parties shall account to the court for all such changes to property made after the order is served or communicated to the party. Neither party shall disconnect the utilities of the other party's residence. [] 12. This order supersedes any inconsistent prior order in Cause No. ___________________ and any other prior domestic relations order and domestic violence restraining orders between these two parties. [] [X] 13. 14. Other: While this order of protection is in effect, petitioner should refrain from any act that would case the respondent to violate this order. This provision is not intended to and does not create a mutual order of protection... Under Section 40-12-6(D) NMSA 1978, only the restrained party can be arrested for violation of this order. . HEARING IT IS FURTHER ORDERED that the parties shall appear in the First Judicial District Court, at the Corner of Catron and Grant, Santa Fe, New Mexico, Room 250, before Judge _______________________ on 4 American LegalNet, Inc. _______________________ at ______ a.m./ p.m. for hearing on whether an extended order of protection against domestic abuse will be issued. Either party may bring witnesses or evidence and may be represented by counsel at this hearing. Respondent may file a Response to the Petition for Order of Protection from Domestic Abuse, see Form 4-962 NMRA, on or before the hearing. If the respondent fails to attend this hearing, an extended order may be entered by default against respondent and a bench warrant may be issued for respondent's arrest. If petitioner willfully fails to appear at this hearing, the petition may be dismissed. This order remains in force until AFTER THE HEARING. Hearings are allotted 30 min. If this requires more time than 30 min. you must file a motion for more time. [X] DO NOT BRING ANY CHILDREN TO THE HEARING WITHOUT PRIOR PERMISSION OF THE COURT. ENFORCEMENT OF ORDER If the respondent violates any part of this order, the respondent may be charged with a crime, arrested, held in contempt of court, fined or jailed. 16. SERVICE AND NOTICE TO LAW ENFORCEMENT AGENCIES 5 American LegalNet, Inc. Upon the signing of this order by a district court judge, a law enforcement officer shall serve on the respondent a copy of this order and a copy of the petition. A LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER. (505) 455-8151 Domestic Violence Division SO ORDERED: ____________________________ District Judge ___________________ Date and time approved 6 American LegalNet, Inc. 7 American LegalNet, Inc.
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