N.M. Stat. § 40-13-2

Current through 2024, ch. 69

Section 40-13-2 - Definitions

As used in the Family Violence Protection Act:

A. "continuing personal relationship" means a dating or intimate relationship;

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

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

D. "domestic abuse":

(1) means an incident of stalking or sexual assault whether committed by a household member or not;

(2) means an incident by a household member against another household member consisting of or resulting in:

(a) physical harm;

(b) severe emotional distress;

(c) bodily injury or assault;

(d) a threat causing imminent fear of bodily injury by any household member;

(e) criminal trespass;

(f) criminal damage to property;

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

(h) telephone harassment;

(i) harassment;

(j) strangulation;

(k) suffocation; or

(l) harm or threatened harm to children as set forth in this paragraph; and

(3) does not mean the use of force in self-defense or the defense of another;

E. "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon;

F. "household member" means a spouse, 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 the petitioner has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section;

G. "law enforcement officer" means a public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

H. "mutual order of protection" means an order of protection that includes provisions that protect both parties;

I. "order of protection" means an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse;

J. "protected party" means a person protected by an order of protection;

K. "restrained party" means a person who is restrained by an order of protection;

L. "strangulation" has the same meaning as set forth in Section 30-3-11 NMSA 1978; and

M. "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978.

NMS § 40-13-2

Laws 1987, ch. 286, § 2; 1993, ch. 109, § 1; 1995, ch. 23, § 3; 2008, ch. 40, § 2; 2010, ch. 85, § 2.

Amended by 2019, c. 253,s. 2, eff. 7/1/2019.

Amended by 2018, c. 30,s. 4, eff. 7/1/2018.