liability; providing notification to victims when an alleged
perpetrator is released from detention; statement in judgment and
sentence document.
A. A person who allegedly has been a victim of domestic abuse may request the
assistance of a local law enforcement agency.
B. A local law enforcement officer responding to the request for assistance shall be
required to take whatever steps are reasonably necessary to protect the victim from
further domestic abuse, including:
(1) advising the victim of the remedies available under the Family Violence
Protection Act; the right to file a written statement, a criminal complaint and a request
for an arrest warrant; and the availability of domestic violence shelters, medical care,
counseling and other services;
(2) upon the request of the victim, providing or arranging for transportation of
the victim to a medical facility or place of shelter;
(3) upon the request of the victim, accompanying the victim to the victim's
residence to obtain the victim's clothing and personal effects required for immediate
needs and the clothing and personal effects of any children then in the care of the
victim;
(4) upon the request of the victim, assist in placing the victim in possession of
the dwelling or premises or otherwise assist in execution, enforcement or service of an
order of protection;
(5) arresting the alleged perpetrator when appropriate and including a written
statement in the attendant police report to indicate that the arrest of the alleged
perpetrator was, in whole or in part, premised upon probable cause to believe that the
alleged perpetrator committed domestic abuse against the victim and, when
appropriate, indicate that the party arrested was the predominant aggressor; and
(6) advising the victim when appropriate of the procedure for initiating
proceedings under the Family Violence Protection Act or criminal proceedings and of
the importance of preserving evidence.
C. The jail or detention center shall make a reasonable attempt to notify the
arresting law enforcement agency or officer when the alleged perpetrator is released
from custody. The arresting law enforcement agency shall make a reasonable attempt
to notify the victim that the alleged perpetrator is released from custody.
D. Any law enforcement officer responding to a request for assistance under the
Family Violence Protection Act is immune from civil liability to the extent allowed by law.
Any jail, detention center or law enforcement agency that makes a reasonable attempt
to provide notification that an alleged perpetrator is released from custody is immune
from civil liability to the extent allowed by law.
E. A statement shall be included in a judgment and sentence document to indicate
when a conviction results from the commission of domestic abuse.
History: Laws 1987, ch. 286, § 7; 1995, ch. 54, § 1; 2008, ch. 40, § 9.
ANNOTATIONS
The 2008 amendment, effective July 1, 2008, changed "petitioner" to "victim" and
"abusing household member" to "alleged perpetrator"; in Paragraph (1) of Subsection B,
authorized a law enforcement officer to file a criminal complaint; and in Paragraph (5) of
Subsection B, authorized a law enforcement officer to indicate that the party arrested
was the predominant aggressor.
The 1995 amendment, effective July 1, 1995, added "providing notification to victims
when an abusing household member is released from detention; statement in judgment
and sentence document" in the section heading, added the language beginning "and
including a written statement" at the end in Paragraph (5) of Subsection B, added
Subsections C and E, redesignated former Subsection C as Subsection D, and added
the second sentence in Subsection D.
Provisions of Article not to be pretext for search. — An arrest under the Family
Violence Protection Act was not authorized where the victim of abuse was no longer in
danger and the arrest of the alleged abuser was a mere pretext to search for drugs.
State v. Miller, 1997-NMCA-060, 123 N.M. 507, 943 P.2d 541.
Family Violence Protection Act does not circumvent warrant requirement. —
Where officers responded to a domestic violence call made by defendant’s girlfriend,
who had been staying at defendant’s apartment for a few days, the officers’ entry into
the apartment and subsequent discovery and seizure of drug paraphernalia was not
valid under the community caretaker doctrine or any other exception to the warrant
requirement, because defendant had already left the apartment and the officers did not
have credible and specific information that a victim was likely to be located at a
particular place and in need of immediate aid to avoid great bodily harm or death, and
although the Family Violence Protection Act contemplates law enforcement assistance
to protect a victim of domestic violence from further abuse when retrieving items from
inside the victim’s residence, it does not circumvent the requirement that only a genuine
emergency will justify entering and searching a residence without a warrant and without
consent, and in this case there was no indication of an emergency inside the apartment
justifying a warrantless entry. State v. Ramos, 2017-NMCA-041.
Arrest without a warrant. — A law enforcement officer may arrest, without a warrant,
an offender who commits a misdemeanor domestic violence offense and leaves the
scene prior to the officer’s arrival, provided that the arrest is reasonably prompt and
reasonably necessary to protect the victim. 2005 Op. Att'y Gen. No. 05-05.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1997–2023 · leading case:
Ysasi v. Brown, 3 F. Supp. 3d 1088 (D.N.M. 2014).
Ysasi v. Brown, 3 F. Supp. 3d 1088 (D.N.M. 2014).
· cites it 4× “”); N.M. Stat. Ann. § 40-13-7 (D) (“Any law enforcement officer responding to a request for assistance under the Family Violence Protection Act is immune from civil liability to the extent allowed by law.”
State v. Wilson, 2006-NMSC-037, 141 P.3d 1272.
· cites it 4× “We note that Section 40-13-7(E) requires the Metropolitan Court to include in the judgment and sentence an indication when a conviction results from the commission of domestic abuse.”
Wilson v. Jara, 866 F. Supp. 2d 1270 (D.N.M. 2011).
· cites it 3× “1978, § 40-13-7, shields the Defendants from civil liability.”
State v. Almanzar, 2014-NMSC-001, 5 N.M. 265.
· cites it 2× “” Section 40-13-7(B). It then goes on to list several measures that an officer may take to ensure victim safety, such as: advising of the remedies available to the victim under the Act; informing the victim about the availability of shelter, counseling, or medical care;…”
Wilson v. Jara, 512 F. App'x 841 (10th Cir. 2013).
· cites it 2× “Lastly, the court concluded, contrary to the officer’s argument, that the New Mexico Family Violence Protection Act, N.M. Stat. Ann. § 40-13-7 , did not limit Ms.”
State v. Miller, 1997-NMCA-060, 943 P.2d 541.
· cites it 4× “Section 40-13-7(B). The State contends that the plain language of the Act requires the police to arrest an abuser, even when the abuse has not occurred in the presence of the officer.”
State v. Ramos, 2017-NMCA-041, 394 P.3d 968.
· cites it 4× “” Section 40-13-7(A). “A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including .”
State v. Ramos, 394 P.3d 968 (N.M. Ct. App. 2017).
· cites it 5× “” Section 40-13-7(A). “A local law 7 enforcement officer responding to the request for assistance shall be required to take 8 whatever steps are reasonably necessary to protect the victim from further domestic 9 abuse, including .”
State v. Almanzar, 2014-NMSC-001.
· cites it 2× “” Section 40-13-7(B). It then goes on to list several measures that an officer may take to ensure victim safety, such as: advising of the remedies available to the victim under the Act; informing the victim about the availability of shelter, counseling, or medical care;…”
Price v. Whitten, No. 2:20-cv-01099 (D.N.M. Oct. 27, 2023).
· cites it 3× “First, Defendants argue that the Family Violence Protection Act (“FVPA”), NMSA § 40-13-7, grants Defendants immunity from all of Plaintiff’s state law claims because Defendant Whitten was dispatched to a request for assistance for domestic abuse.”
State v. Wilson, No. 33,352 (N.M. Ct. App. Sept. 23, 2014).
· cites it 2× “See NMSA 1978, § 40-13-7(B) (2008) (providing 18 that “[a] local law enforcement officer responding to the request for assistance shall 19 be required to take whatever steps are reasonably necessary to protect the victim from 4 1 further domestic abuse”); NMSA 1978, § 31-1-7(A)…”
N.M. Stat. § 40-13-7(A): 3 cases
State v. Ramos, 2017-NMCA-041, 394 P.3d 968.
“” Section 40-13-7(A). “A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including .”
State v. Ramos, 394 P.3d 968 (N.M. Ct. App. 2017).
“” Section 40-13-7(A). “A local law 7 enforcement officer responding to the request for assistance shall be required to take 8 whatever steps are reasonably necessary to protect the victim from further domestic 9 abuse, including .”
Price v. Whitten, No. 2:20-cv-01099 (D.N.M. Oct. 27, 2023).
“First, Defendants argue that the Family Violence Protection Act (“FVPA”), NMSA § 40-13-7, grants Defendants immunity from all of Plaintiff’s state law claims because Defendant Whitten was dispatched to a request for assistance for domestic abuse.”
N.M. Stat. § 40-13-7(B): 4 cases
State v. Almanzar, 2014-NMSC-001, 5 N.M. 265.
“” Section 40-13-7(B). It then goes on to list several measures that an officer may take to ensure victim safety, such as: advising of the remedies available to the victim under the Act; informing the victim about the availability of shelter, counseling, or medical care;…”
State v. Miller, 1997-NMCA-060, 943 P.2d 541.
“Section 40-13-7(B). The State contends that the plain language of the Act requires the police to arrest an abuser, even when the abuse has not occurred in the presence of the officer.”
State v. Almanzar, 2014-NMSC-001.
“” Section 40-13-7(B). It then goes on to list several measures that an officer may take to ensure victim safety, such as: advising of the remedies available to the victim under the Act; informing the victim about the availability of shelter, counseling, or medical care;…”
State v. Wilson, No. 33,352 (N.M. Ct. App. Sept. 23, 2014).
“See NMSA 1978, § 40-13-7(B) (2008) (providing 18 that “[a] local law enforcement officer responding to the request for assistance shall 19 be required to take whatever steps are reasonably necessary to protect the victim from 4 1 further domestic abuse”); NMSA 1978, § 31-1-7(A)…”
N.M. Stat. § 40-13-7(B)(3): 2 cases
State v. Ramos, 2017-NMCA-041, 394 P.3d 968.
“” Section 40-13-7(A). “A local law enforcement officer responding to the request for assistance shall be required to take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including .”
State v. Ramos, 394 P.3d 968 (N.M. Ct. App. 2017).
“” Section 40-13-7(A). “A local law 7 enforcement officer responding to the request for assistance shall be required to take 8 whatever steps are reasonably necessary to protect the victim from further domestic 9 abuse, including .”
N.M. Stat. § 40-13-7(E): 1 case
State v. Wilson, 2006-NMSC-037, 141 P.3d 1272.
“We note that Section 40-13-7(E) requires the Metropolitan Court to include in the judgment and sentence an indication when a conviction results from the commission of domestic abuse.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.