46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO DOMESTIC VIOLENCE; PROVIDING FOR AN APPEARANCE BY A MINOR FOURTEEN YEARS OF AGE OR OLDER TO PETITION FOR OR OPPOSE AN ORDER OF PROTECTION; ENACTING A NEW SECTION OF THE FAMILY VIOLENCE PROTECTION ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Family Violence Protection Act is enacted to read:

"[NEW MATERIAL] PETITION FOR AN ORDER OF PROTECTION--APPEARANCE BY A MINOR FOURTEEN YEARS OF AGE OR OLDER.--

A. A minor fourteen years of age or older may appear in court without being accompanied by a parent, guardian or guardian ad litem to petition the court for an order of protection or to oppose an order of protection.

B. The court, upon its own motion, may appoint a representative for a minor to assist the minor with a petition for an order of protection or the minor's action to oppose an order of protection. The appointment of a representative for a minor shall not delay the proceedings.

C. If the court issues an order of protection and the minor is residing with a parent or guardian, the court shall send a copy of the order of protection to a parent or guardian designated by the minor. The court is not required to send a copy of an order of protection to more than one parent or guardian of a minor.

D. The court may elect not to provide a copy of an order of protection to a parent or guardian of a minor if, in the court's judgment, it would not be in the best interests of the minor."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.