You think that because you did nothing wrong, this will sort itself out. You will go to the hearing, tell the judge your side, and the whole thing will be dismissed. That is how it works for people who are innocent, right?

Here is the truth: in New Mexico, a domestic violence accusation can remove you from your home, cut off contact with your children, and take your firearms before you have said a single word in court.

An order of protection is granted based on one person's sworn statement, often the same day it is filed. If you have been served with one, or you believe an accusation is coming, the next ten days may shape your divorce, your custody case, and your record for years. Genus Law Group defends New Mexicans on the receiving end of these accusations.

What Happens After Someone Files an Order of Protection Against You in New Mexico?

A judge can issue a temporary order of protection the same day a petition is filed, without you present and without hearing your side. That is called an ex parte order, and it is authorized by New Mexico's Family Violence Protection Act, NMSA 1978, Section 40-13-1 and following.

Once you are served, the temporary order is already in effect. It can order you out of your home, bar you from contacting the petitioner, and put temporary custody of your children in the other party's hands.

The order is also entered into the national crime information center database within 72 hours. Law enforcement across the country can see it, and violating it is a crime, even if the accusation behind it is false.

This is not the moment to vent, argue, or reach out to explain yourself. It is the moment to prepare.

How Long Do You Have Before the Hearing?

Under NMSA 1978, Section 40-13-4, the court must hold a hearing within ten days of granting the temporary order. That hearing decides whether the order is dismissed or becomes a longer-term order of protection.

Ten days is not much time to gather text messages, call logs, witnesses, and a coherent account of what actually happened. It is enough time if you start immediately and you are not doing it alone.

In Bernalillo County, these hearings often run through the Second Judicial District Court in front of a special commissioner. They move fast, and the petitioner may arrive with an advocate or attorney. You should not walk in with less.

Served with an order of protection? The hearing is days away, and what you do now decides how it goes.

Call Genus Law Group at (505) 317-4455 or visit genuslawgrp.com now. Our Albuquerque and Las Cruces attorneys defend the accused across New Mexico.

 

What Are the Consequences If the Order Is Granted?

If the court continues the order after the hearing, the consequences reach far beyond a piece of paper. In New Mexico, a granted order of protection can mean:

  • Exclusion from your own home, regardless of whose name is on the deed or lease

  • Loss of custody or supervised visitation with your children, with custody provisions lasting up to six months and renewable

  • A federal firearms prohibition under 18 U.S.C. Section 922(g)(8) while the order is active

  • A standing order whose violation is a misdemeanor, with a mandatory 72-hour jail term for repeat violations

  • A lasting mark in court records that surfaces in background checks, security clearances, and professional licensing

For anyone who serves in the military, works in law enforcement, or holds a professional license in New Mexico, that firearms prohibition and court record can put a career on the line.

How Long Does an Order of Protection Last in New Mexico?

It depends on the provision. Under NMSA 1978, Section 40-13-6, the custody and support portions of an order last up to six months, and the protected party can ask to extend them for another six months. The injunctive portions, meaning the no-contact and stay-away provisions, remain in effect indefinitely until a court modifies or rescinds them.

Read that again: unless you act, the core restrictions do not simply expire. Plenty of New Mexicans walk out of a hearing believing the order will lapse on its own, then discover years later that it still follows them.

Either party can file a motion to modify or rescind the order, and the parties can also resolve it through a court-approved consent agreement. An experienced attorney can tell you which path fits your situation and when the timing is right to file.

Can an Order of Protection Be Dismissed in New Mexico?

Yes. The fastest dismissal happens at the ten-day hearing, when the court refuses to continue the temporary order because the petitioner cannot prove an act of domestic abuse by a preponderance of the evidence.

The Family Violence Protection Act also has a threshold requirement: outside of stalking and sexual assault cases, the petitioner must be a household member, meaning a spouse, former spouse, family member, co-parent, or current or former dating partner. If the petitioner does not meet that definition, the statute directs the court to dismiss the petition.

What does not work is the petitioner simply changing their mind and telling you it is fine to come home. Until a judge dismisses or modifies the order, it is fully enforceable against you, and you are the one who gets arrested for violating it. If the petitioner wants the order lifted, that request still has to go through the court.

What Should You Expect at the Protection Order Hearing?

The hearing is a real evidentiary proceeding, not a conversation. Both sides testify under oath, present documents and witnesses, and face cross-examination. The petitioner has to prove domestic abuse occurred; you get the chance to challenge that story with evidence of your own.

Because the standard is a preponderance of the evidence rather than the criminal standard of beyond a reasonable doubt, the margin between winning and losing is thin. Credibility, preparation, and documentation decide these hearings far more often than dramatic courtroom moments do.

Show up organized. Inconsistent texts, timeline gaps in the petition, witnesses who saw the incident differently: these are the tools that win the hearing, and they only help if someone has prepared them properly.

Can a Domestic Violence Accusation Affect My Custody Case in New Mexico?

Yes, and this is often the real battleground. New Mexico courts decide custody under NMSA 1978, Section 40-4-9.1, which presumes joint custody is in a child's best interest. A finding of domestic abuse undercuts that presumption.

That is why accusations sometimes appear right as a divorce or custody case heats up. A protection order granted today becomes evidence in the custody fight tomorrow.

To be clear: domestic violence is real, and courts take it seriously for good reason. But the seriousness of the issue is exactly why a false or exaggerated accusation is so damaging, and why it deserves a dedicated defense rather than a shrug and a hope that the judge sees through it.

If custody is in play, the protection order hearing is not a side issue. It may be the most important hearing of your entire case.

Are You Also Facing Criminal Charges?

A protection order is a civil matter, but the same accusation often triggers a parallel criminal case. In New Mexico, battery against a household member under NMSA 1978, Section 30-3-15 is a misdemeanor, and aggravated battery against a household member under Section 30-3-16 can be charged as a felony.

The two cases feed each other. What you say in the civil protection order hearing can be used in the criminal case, and a criminal conviction for misdemeanor domestic violence carries its own lifetime federal firearms ban under 18 U.S.C. Section 922(g)(9).

This is why strategy matters. Testifying at the civil hearing without understanding the criminal exposure can hand the prosecution its case. Our team coordinates the family law defense with your criminal defense so one case does not sink the other.

What Should You Do If You Are Falsely Accused of Domestic Violence?

First, obey the order completely, even if it is unfair, even if the petitioner reaches out to you first. One text message can turn a defensible case into a criminal charge. Beyond that:

  • Do not contact the petitioner directly or through friends and family

  • Preserve every text, email, voicemail, photo, and social media exchange between you

  • Write down your account of the incident in detail while it is fresh

  • List witnesses who saw the events or know the relationship

  • Stay off social media about the case entirely

  • Hire an attorney before the hearing, not after the order is granted

The worst mistakes in these cases are made in the first 48 hours, usually by people trying to fix things themselves. Discipline now protects you later.

Why Choose Genus Law Group to Defend You?

Attorney Anthony Spratley spent more than 20 years in the Air Force, including service as a JAG officer. Military justice work means seeing both sides of accusations: prosecuting real misconduct and defending service members whose careers hung on contested allegations.

That experience shapes how we defend domestic violence cases in New Mexico. We prepare every protection order hearing like the trial it really is: evidence organized, witnesses ready, cross-examination planned, and your story told clearly and credibly.

You get discipline, preparation, and an advocate who does not assume the first story the court heard is the true one.

An accusation is not a conviction. But without a fight, it might as well be.

Call Genus Law Group at (505) 317-4455 or visit genuslawgrp.com to schedule your consultation before your hearing date arrives.

 

If you are interested in learning more about family law in New Mexico, you can view our Article Library, Blog, and Videos!

If you're facing a divorce or custody battle in New Mexico, don't wait. Call Genus Law Group at (505) 317-4455, fill out our contact form, or chat with a representative now to schedule your consultation. Our experienced Albuquerque and Las Cruces divorce and custody attorneys are ready to fight for you and help you protect what matters most.

Our Other Service Areas