Restraining Orders

The type of abuse that you have suffered will determine what type of relationship you must have with the abuser in order to be eligible for a protection order.

If you are the victim of stalking or sexual assault, you can file for a protection order against anyone who stalked or sexually assaulted you, including a family or household member.¹

If you are the victim of any other sort of harm that is listed in What is the legal definition of domestic abuse in New Mexico?, then you can only get a protection order if the abuser is a “household member.”¹ The following people are considered household members under New Mexico law (which includes family members):

• spouse or former spouse,
• parent, present or former stepparent, present or former parent in-law,
• grandparent, grandparent-in-law,
• child, stepchild, grandchild,
• co-parent of a child; or
• a person with whom you have had a “continuing personal relationship” (dating relationship).²

Note: You do not have to live with any of the above people - they can still be considered a “household member.”²

¹ N.M.S.A. § 40-13-2(D)
² N.M.S.A. § 40-13-2(E)