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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 40. Domestic Affairs § 40-13-2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-40-domestic-affairs/nm-st-sect-40-13-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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