HB 467

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AN ACT

RELATING TO DOMESTIC AFFAIRS; AMENDING THE FAMILY VIOLENCE

PROTECTION ACT; REQUIRING THAT ORDERS OF PROTECTION ISSUED BY

THE COURT BE ENTERED IN A DATABASE.

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

Section 1. Section 40-13-6 NMSA 1978 (being Laws 1987,

Chapter 286, Section 6, as amended) is amended to read:

"40-13-6. SERVICE OF ORDER--DURATION--PENALTY--REMEDIES

NOT EXCLUSIVE.--

A. An order of protection granted under the Family

Violence Protection Act shall be filed with the clerk of the

court, and a copy shall be sent by the clerk to the local law

enforcement agency. The order shall be personally served upon

the respondent, unless the respondent or the respondent's

attorney was present at the time the order was issued. The

order shall be filed and served without cost to the

petitioner.

B. The local law enforcement agency receiving an

order of protection from the clerk of the court that was

issued under the Family Violence Protection Act shall have the

order entered in the national crime information center's order

of protection file within seventy-two hours of receipt. This

does not include temporary orders of protection under the

provisions of Section 40-13-4 NMSA 1978.

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C. An order of protection granted by the court

involving custody or support shall be effective for a fixed

period of time not to exceed six months. The order may be

extended for good cause upon motion of the petitioner for an

additional period of time not to exceed six months.

Injunctive orders shall continue until modified or rescinded

upon motion by either party or until the court approves a

subsequent consent agreement entered into by the petitioner

and the respondent.

D. A peace officer shall arrest without a warrant

and take into custody a person whom the peace officer has

probable cause to believe has violated an order pursuant to

this section.

E. State courts shall give full faith and credit

to tribal court orders of protection and orders of protection

issued by courts of other states. A protection order issued

by a state or tribal court against one who has petitioned,

filed a complaint or otherwise filed a written pleading for

protection against abuse by a spouse or intimate partner is

not entitled to full faith and credit if:

(1) no cross or counter petition, complaint

or other written pleading was filed seeking such a protection

order; or

(2) a cross or counter petition has been

filed and the court did not make specific findings that each

party was entitled to such an order.

F. A person convicted of violating an order of

protection granted by a court under the Family Violence

Protection Act is guilty of a misdemeanor and shall be

sentenced in accordance with Section 31-19-1 NMSA 1978. Upon

a second or subsequent conviction, an offender shall be

sentenced to a jail term of not less than seventy-two

consecutive hours that shall not be suspended, deferred or

taken under advisement.

G. In addition to any other punishment provided in

the Family Violence Protection Act, the court shall order a

person convicted to make full restitution to the party injured

by the violation of an order of protection and order the

person convicted to participate in and complete a program of

professional counseling, at the person's own expense, if

possible.

H. In addition to charging the person with

violating an order of protection, a peace officer shall file

all other possible criminal charges arising from an incident

of domestic abuse when probable cause exists.

I. The remedies provided in the Family Violence

Protection Act are in addition to any other civil or criminal

remedy available to the petitioner."

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