SENATE BILL 407

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Lisa A. Torraco

AN ACT

RELATING TO ORDERS OF PROTECTION; AMENDING THE REQUIREMENTS PERTAINING TO HEARINGS AND DETERMINATIONS ON ORDERS OF PROTECTION; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 40-13-4 NMSA 1978 (being Laws 1987, Chapter 286, Section 4, as amended) is amended to read:

     "40-13-4. TEMPORARY ORDER OF PROTECTION--HEARING--DISMISSAL.--

          A. Upon the filing of a petition for order of protection, the court shall:

                (1) immediately grant an ex parte temporary order of protection without bond if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe that an act of domestic abuse has occurred; and

                (2) cause the temporary order of protection together with notice of hearing to be served immediately on the alleged perpetrator of the domestic abuse; [and

                (3) within ten days after the granting of the temporary order of protection, hold a hearing on the question of continuing the order;] or

                [(4)] (3) if an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two hours after the filing of the petition; provided if notice of hearing cannot be served within seventy-two hours, the temporary order of protection shall be automatically extended for ten days.

          B. If the court grants a temporary order of protection:

                (1) it may award temporary custody and visitation of any children involved when appropriate;

                (2) it shall hold a hearing on the question of continuing the order; and

                (3) no later than sixty days after service of the temporary order of protection, the court shall either enter a permanent order of protection or dismiss the temporary order of protection.

          C. Except for petitions alleging stalking or sexual assault, if the court finds that the alleged perpetrator is not a household member, the court shall dismiss the petition."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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