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Temporary Order Of Protection Against Petitioner And Order To Appear 4-963A - New Mexico

Temporary Order Of Protection Against Petitioner And Order To Appear 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. TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER and ORDER TO APPEAR The court has reviewed the sworn counter-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. 2. Petitioner shall not write to, talk to, visit or contact the Respondent in any way except through Respondent's lawyer, if Respondent has a lawyer. Petitioner shall not abuse the Respondent or the Respondent's household members in any way. "Abuse" means any incident by Petitioner against Respondent or Respondent's 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. Petitioner shall not ask or cause other persons to abuse the Respondent or the Respondent's household members. 3. TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER & ORDER TO APPEAR D istrict C ourt C ivil Form (4-963A ) effective D ecem ber 15, 2008 (rev. 04/10, 08/11) American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 6 4. Petitioner shall not go within yards of the Respondent's home or school or work place. Petitioner shall not go within yards of the Respondent at all times except: If at a public place, such as a store, Petitioner shall not go within yards of Respondent. 5. of the following child(ren): shall have temporary physical custody 6. With respect to the child(ren) named in the preceding paragraph: respondent petitioner shall have: A. B. No contact with the child(ren) until further order of this court and shall stay yards away from the child(ren)'s school. Contact with the child(ren), subject to: 7. 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. 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). 8. TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER & ORDER TO APPEAR D istrict C ourt C ivil Form (4-963A ) effective D ecem ber 15, 2008 (rev. 04/10, 08/11) American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 6 9. A. Petitioner is ordered to immediately leave the residence at and to not return until further court order. B. Law enforcement officers are hereby ordered to evict Petitioner from the residence at . C. Petitioner is ordered to surrender all keys to the residence to law enforcement officers. 10. Law enforcement officers or shall accompany respondent 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. 13. Other: 14. While this order is in effect, Respondent shall refrain from any act that would cause the Petitioner to violate this order. This provision is not intended to and does not create a mutual order of protection. Under Section 40-13-6(D) NMSA 1978, only the restrained party can be arrested for violation of this order. TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER & ORDER TO APPEAR D istrict C ourt C ivil Form (4-963A ) effective D ecem ber 15, 2008 (rev. 04/10, 08/11) American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 6 HEARING IT IS FURTHER ORDERED that the parties shall appear in the Third Judicial District Court, Hearing Room (between courtrooms 6 & 7), at 201 W. Picacho, Las Cruces, NM before the Domestic Violence Special Commissioner at (a.m.) (p.m.) on , 20 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. Petitioner 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 Petitioner fails to attend this hearing, an extended order may be entered by default against Petitioner and a bench warrant may be issued for Petitioner's arrest. If Respondent willfully fails to appear at this hearing, the counter-petition may be dismissed. This order remains in force until , 20 . DO NOT BRING ANY MINOR CHILDREN TO THE HEARING WITHOUT PRIOR PERMISSION OF THE COURT. ENFORCEMENT OF ORDER If the Petitioner violates any part of this order, the Petitioner may be charged with a crime, arrested, held in contempt of court, fined or jailed. SERVICE AND NOTICE TO LAW ENFORCEMENT AGENCIES Upon the signing of this order by a district court judge, a law enforcement officer shall serve on the Petitioner a copy of this order and a copy of the petition. A LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER. TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER & ORDER TO APPEAR D istrict C ourt C ivil Form (4-963A ) effective D ecem ber 15, 2008 (rev. 04/10, 08/11) American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 6 I have reviewed the counter-petition for order of protection and made recommendations to the district judge regarding its disposition. DOMESTIC VIOLENCE SPECIAL COMMISSIONER 575-523-8200 SO ORDERED: Date approved DISTRICT COURT JUDGE (Hours) Time approved TEMPORARY ORDER OF PROTECTION AGAINST PETITIONER & ORDER TO APPEAR D istrict C ourt C ivil Form (4-963A ) effecti
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