Order Of Dismissal Form. This is a New Mexico form and can be use in Domestic Violence Statewide.
Tags: Order Of Dismissal, 4-974, New Mexico Statewide, Domestic Violence
4-974. Order of dismissal. [Family Violence Protection Act, Section 40-13-3.2 NMSA 1978.] STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICT COURT , Petitioner v.No. , Respondent ORDER OF DISMISSAL1 This matter coming before the court on (date) and the court havingreviewed the pleadings and being sufficiently advised, FINDS AND ORDERS: (check applicable) [ ]The petitioner failed to appear at the hearing and therefore failed to prosecute thiscase. [ ]The petitioner appeared at the hearing and requested dismissal of this case. [ ]The respondent has not been served despite reasonable attempts. [ ]The allegations in the petition do not allege "domestic abuse" as defined in Section40-13-2 NMSA 1978. [ ]The allegations in the petition involve child custody and divorce issues which shouldbe addressed in the proper court proceeding. [ ]The allegations in the petition do not involve a "household member" as defined inSection 40-13-2 NMSA 1978. [ ]Other . [ ]The petition for order of protection from domestic abuse is denied. [ ]This cause of action is dismissed without prejudice. [ ]This cause of action is dismissed with prejudice. RECOMMENDATIONS I have: [ ]reviewed the petition for order of protection; [ ]reviewed the counter-petition for order of protection; [ ]conducted hearings on the merits of the petition; [ ]after notice and hearing, I prepared this order as my recommendation to thedistrict court judge regarding disposition of the request for order ofprotection. If any party disagrees with the recommendations, that party may,but is not required to, file written objections and a request for hearing onthose objections with the district court within ten (10) days. A copy of thoseobjections and a request for hearing must be served by mail on the otherparty. American LegalNet, Inc. www.FormsWorkFlow.com 2Signed Title Court's telephone number: The court has reviewed the recommendations and adopts them. This order remains in effectunless and until it is modified by a district court judge or it expires. If objections are filedthe court may conduct a hearing to resolve the objections. (See Rule 1-053.1(H)(1)(a)NMRA). SO ORDERED. District Judge Date and time approved USE NOTE 1.This form may be modified and used for dismissal of a petition upon motion of therespondent. [Approved, effective February 16, 2004; as amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008.] American LegalNet, Inc. www.FormsWorkFlow.com