HOUSE BILL 230

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO DOMESTIC VIOLENCE; AUTHORIZING ORDERS OF PROTECTION AGAINST MINORS UNDER 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] ORDERS OF PROTECTION AGAINST MINORS.--

          A. Orders of protection may be granted against a minor pursuant to the Family Violence Protection Act only if:

                (1) the minor does not reside with the petitioner; and

                (2) the petitioner is not the minor's parent or legal guardian.

          B. An order of protection against a minor shall describe specifically the acts the minor is ordered to do or refrain from doing.

          C. An order of protection against a minor shall contain a notice that violation of any provision of the order is a misdemeanor and shall be referred to the juvenile probation and parole office for investigation and possible referral to the children's court attorney as a delinquent act.

          D. A petition for an order of protection against a minor by a person who resides with the minor or who is the minor's parent or legal guardian shall be referred to the children, youth and families department for appropriate services or action pursuant to the Children's Code."

     Section 2. Section 40-13-2 NMSA 1978 (being Laws 1987, Chapter 286, Section 2, as amended) is amended to read:

     "40-13-2. DEFINITIONS.--As used in the Family Violence Protection Act:

          A. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time;

          B. "court" means the district court of the judicial district where an alleged victim of domestic abuse resides or is found;

          C. "domestic abuse" means any incident by a household member against 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 by any household member;

                (5) criminal trespass;

                (6) criminal damage to property;

                (7) repeatedly driving by a residence or work place;

                (8) telephone harassment;

                (9) stalking;

                (10) harassment; or

                (11) harm or threatened harm to children as set forth in the paragraphs of this subsection;

          D. "household member" means a spouse; former spouse; family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child; or a person with whom the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section; [and]

          E. "minor" means a person under eighteen years of age; and

          [E.] F. "order of protection" means a court order

granted for the protection of victims of domestic abuse."

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