N.M. Stat. » Chapter 40 — Domestic Affairs
New Mexico Statutes

N.M. Stat. § 40-13-1 (2026)

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✓ laws through the 2025 session (retrieved May 2026)
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Chapter 40, Article 13 NMSA 1978 may be cited as the "Family Violence Protection Act". History: Laws 1987, ch. 286, § 1; 1999, ch. 142, § 1.

ANNOTATIONS

The 1999 amendment, effective July 1, 1999, substituted "Chapter 40, Article 13 NMSA 1978" for "this act".

Law reviews. — For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2000).

Notes of Decisions
Cited in 37 cases (11 in the last 5 years), 1997–2026 · leading case: State v. Ramos, 2013-NMSC-031, 305 P.3d 921.
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State v. Ramos, 2013-NMSC-031, 305 P.3d 921. · cites it 4× “Once a party has violated an order of protection, Section 40-13-6(D) states that “[a] peace officer shall arrest without a warrant and take into custody a restrained party whom the peace officer has probable cause to believe has violated an order of protection that is issued…”
Nguyen v. Bui, 536 P.3d 482 (N.M. 2023). · cites it 2× “{1} We consider whether a hearing officer improperly denied a petition for an order of protection under the Family Violence Protection Act (FVPA), NMSA 1978, §§ 40-13-1 to -13 (1987, as amended through 2019), by requiring the petitioner to show she was in imminent danger of harm…”
Best v. Marino, 2017-NMCA-073. · cites it 2× “{1} This appeal arises from a finding of indirect criminal contempt against Respondent 1 Camille Marino for her violation of an order of protection (Order of Protection) issued pursuant to the Family Violence Protection Act (FVPA), NMSA 1978, §§ 40-13-1 through -12 (1987, as…”
State v. Wilson, 2005-NMCA-130, 123 P.3d 784. · cites it 2× “If the victim of these two crimes is a household member, the incident is considered domestic abuse under the Family Violence Protection Act, NMSA 1978, §§ 40-13-1 to -8 (1987, as amended through 2002), and Defendant’s appeal is limited to review of the record.”
State v. Trujillo, 1999-NMCA-003, 973 P.2d 855. · cites it 2× “” Section 34-8A-6(C) defines “[a] criminal action involving domestic violence [as] an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the Family Violence Protection Act [NMSA 1978, §§ 40-13-1…”
State v. McGee, 2004-NMCA-014, 84 P.3d 690. · cites it 2× “As a result of these acts, an order of protection prohibiting domestic violence was filed on July 1, 1999, under the Family Violence Protection Act, NMSA 1978, §§ 40-13-1 to 40-13-8 (1987, as amended through 2001).”
State v. Almanzar, 2014-NMSC-001, 5 N.M. 265. · cites it 2× “{19} The Family Violence Protection Act (“the Act”), NMSA 1978, §§ 40-13-1 to -12 (1987, as amended through 2013) illuminates our inquiry into the Legislature’s intent.”
State v. Powers, 1998-NMCA-133, 967 P.2d 454. · cites it 3× “The Incident of August 23, 1991 {3} On August 2, 1994, the victim obtained a temporary restraining order from the domestic relations court under the Family Violence Protection Act, NMSA 1978, §§ 40-13-1 to -8 (1987, as amended through 1993), after Defendant allegedly assaulted…”
State v. Gonzales, 1997-NMCA-039, 940 P.2d 185. · cites it 2× “On June 27,1994, the Special Commissioner, acting under the Family Violence Protection Act, NMSA 1978, §§ 40-13-1 to - 7 (Repl. Pamp.”
State v. Wilson, 2006-NMSC-037, 141 P.3d 1272. “{1} We are called on in this appeal to determine the proper procedure to be followed by a district court reviewing a conviction from Metropolitan Court, which may involve domestic abuse under the Family Violence Protection Act (“FVPA”), NMSA 1978, Sections 40-13-1 through…”
State v. Brule, 1997-NMCA-073, 943 P.2d 1064. · cites it 2× “See NMSA 1978, §§ 40-13-1 to -7 (Repl. Pamp.1994 & Cum.”
State v. Miller, 1997-NMCA-060, 943 P.2d 541. · cites it 2× “The trial court held that Defendant’s arrest was not authorized under the Family Violence Protection Act (Act), NMSA 1978, §§ 40-13-1 to -8 (Repl.Pamp.1994).”
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