4-970. Stipulated order of protection against respondent. ______________ Judicial District _____________ County, New Mexico Order of Protection Amended Order Case No. __________________ PROTECTED PARTY ([ ] PETITIONER [ ] RESPONDENT) First Middle PROTECTED PARTY IDENTIFIERS Last Date of Birth of Protected Party Other Protected Persons/DOB And/or on behalf of minor family member(s): (list name and DOB) _____________________________________________________ ____________________________________________ _____________________________________________________ ____________________________________________ V. RESTRAINED PARTY RESTRAINED PARTY IDENTIFIERS SEX EYES First Middle RACE DOB HT WT HAIR Last Relationship to Protected Party: ___________________________ ______________________________________________________ Restrained Party’s Address ______________________________________________________ ______________________________________________________ SOCIAL SECURITY # Not used in New Mexico DRIVERS LICENSE # STATE EXP DATE Distinguishing Features _______________________ CAUTION: Weapon Involved THE COURT HEREBY FINDS: That it has jurisdiction over the parties and subject matter, and the Restrained Party has been provided with reasonable notice and opportunity to be heard. Additional findings of this order follow on succeeding pages. THE COURT HEREBY ORDERS: That the above named Restrained Party be restrained from committing further acts of abuse or threats of abuse. That the above named Restrained Party be restrained from any contact with the Protected Party. Additional terms of this order are as set forth on succeeding pages. The terms of this order shall be effective until , . WARNINGS TO RESTRAINED PARTY: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and may be enforced by Tribal Lands under 18 U.S.C. Section 2265. Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment under 18 U.S.C. Section 2262. As a result of this order, it may be unlawful for you to possess or purchase ammunition or a firearm, including a rifle, pistol or revolver, under 18 U.S.C. Section 922(g)(8). If you have any questions whether federal law makes it illegal for you to possess or purchase a firearm, you should consult an attorney. Only the court can change this order. Page 1 of ____ Judge’s signature on last page American LegalNet, Inc. www.FormsWorkFlow.com 4-970. Stipulated order or protection against respondent. ADDITIONAL PAGES1 OF STIPULATED ORDER OF PROTECTION AGAINST The court further FINDS, CONCLUDES AND ORDERS: 1. NOTICE, APPEARANCES AND STATUS This order was entered on stipulation of the parties. [] The relationship of the parties is that of an "intimate partner" as defined in 18 USC Section 921(a)(32). (See 2 below) 2. EFFECT OF STIPULATION TO ORDER OF PROTECTION Violation of this order can have serious consequences, including: A. If you violate the terms of this order, you may be charged with a misdemeanor, which is punishable by imprisonment of up to three hundred sixty-four (364) days and a fine of up to one thousand dollars ($1,000) or both. You may be found to be American LegalNet, Inc. www.FormsWorkFlow.com in contempt of court. B. If you are the spouse or former spouse of the other party, an individual who cohabitates with or has cohabitated with the other party, or if you and the other party have had a child together, federal law prohibits you from possessing or transporting firearms or ammunition while this order is in effect. If you have a firearm or ammunition, you should immediately dispose of the firearm or ammunition. Violation of this law is a federal crime punishable by imprisonment for up to ten (10) years and a fine of up to two hundred fifty-thousand dollars ($250,000). C. If you are not a citizen of the United States, violation of this order may have a negative effect on your application for residency or citizenship. 3. DOMESTIC ABUSE PROHIBITED The respondent shall not abuse the petitioner or members of the petitioner's household. "Abuse" means any incident by respondent against the petitioner or petitioner's household member resulting in (1) physical harm; (2) severe emotional distress; (3) bodily injury or assault; (4) a threat by respondent causing imminent fear of bodily injury to petitioner or petitioner's household member; (5) criminal trespass; (6) criminal damage to property; (7) 2 American LegalNet, Inc. www.FormsWorkFlow.com repeatedly driving by petitioner's or petitioner's household members' residence or work place; (8) telephone harassment; (9) stalking; (10) harassment; or (11) harm or threatened harm to children in any manner set forth above. Respondent shall not ask or cause other persons to abuse the petitioner or petitioner's household members. 4. CONTACT PROHIBITIONS Respondent shall stay ________ yards away from the petitioner and the petitioner's home and workplace at all times, unless at a public place, where the respondent shall remain ________ yards away from the petitioner except as specifically permitted by this order. Respondent shall not telephone, talk to, visit or contact petitioner in any way except as follows: (check only applicable paragraphs) [] The parties may contact each other by telephone regarding medical emergencies of minor children; 3 American LegalNet, Inc. www.FormsWorkFlow.com [] ____________________________________________________________ _________________________________________________. [] The parties may attend joint counseling sessions at the counselor's discretion. (Unless the court has entered an order sealing the protected party’s address, include it below.) Protected party’s addresses: ________________________________________ (home address) ________________________________________ (work address) ________________________________________ (city) ________________________________________ (if applicable, tribe or pueblo) ________________________________________ (state and zip code) 5. COUNSELING [] Petitioner shall attend and complete counseling at __________________, contacting that office within five (5) days. The petitioner shall participate in, attend and complete counseling as recommended by the named agency. [] Respondent shall attend and complete counseling at __________________, 4 American LegalNet, Inc. www.FormsWorkFlow.com contacting that office within five (5) days. The respondent shall participate in, attend and complete counseling as recommended by the named agency. [] Petitioner shall report to __________________ for a [ ] drug [and] [ ] alcohol screen by ______________, __________ (date) with the results returned to this court. [] Respondent shall report to __________________ for a [ ] drug [and] [ ] alcohol screen by ______________, __________ (date) with the results returned to this court. [] Other counseling requirements: ________________________________________ _____________________________________________________. 6. CUSTODY2 [] The court's orders regarding the minor [child] [children] of the parties are found in the Custody, Support and Division of Property Attachment of this order of protection. 7. PROVISIONS RELATING TO SUPPORT2 [] The court's orders regarding support issues for the parties are found in the Custody, Support and Division of Property Attachment of this order of protection. 5 American LegalNet, Inc. www.FormsWorkFlow.com 8. PROPERTY, DEBTS, PAYMENTS OF MONEY]2 [] The court's orders regarding property, debts and payment of money are addressed in the Custody, Support and Division of Property Attachment of this order of protection. 9. ADDITIONAL ORDERS [] Review hearing. The parties are ordered to appear for a review hearing on the ____________ day of ______________, __________, at ____________ (a.m.) (p.m). Failure to appear may result in the issuance of a bench warrant for your arrest or dismissal of this order. Any party ordered to attend counseling shall bring proof of counseling to the review hearing. IT IS FURTHER ORDERED3: ______________________________________________ _____________________________________________________________________________ _______________________________________________________________________. 6 American LegalNet, Inc. www.FormsWorkFlow.com 10. PETITIONER SHALL NOT CAUSE VIOLATION While this order of protection is in effect, the petitioner should refrain from any act that would cause the respondent to violate this order. This provision is not intended to and does not create a mutual order of protection. Under Section 40- 13-6(D) NMSA 1978 only the restrained party can be arrested for violation of this order. 11. NOTICE TO LAW ENFORCEMENT AGENCIES ANY LAW ENFORCEMENT OFFICER SHALL USE ANY LAWFUL MEANS TO ENFORCE THIS ORDER. [] Respondent is ordered to surrender all keys to the residence to law enforcement officers. [] Law enforcement officers or ________ shall be present during any property exchange. [] This order supersedes prior orders in __________________County, State of __________________, Cause No. __________________ to the extent that there are contradictory provisions. 7 American LegalNet, Inc. www.FormsWorkFlow.com 12. NOTICE TO PETITIONER AND RESPONDENT This order does not serve as a divorce and does not permanently resolve child custody or support issues. 13. AGREEMENT OF PARTIES Without admitting that domestic abuse has occurred, the parties stipulate to the entry of this order and affirm that they have read and do understand the effects of this order as stated in Paragraph 2. _______________________________ ___________________________________ Petitioner's signature Respondent's signature _______________________________ ___________________________________ Petitioner's counsel, if any Respondent's counsel, if any _______________________________ ___________________________________ Date Date 8 American LegalNet, Inc. www.FormsWorkFlow.com 14. RECOMMENDATIONS I have: [] reviewed the pleading for order of protection; [] prepared this order as my recommendation to the district court judge regarding disposition of requests for order of protection. ___________________________________ Signed Domestic Violence Commissioner Court's telephone number: _______________ SO ORDERED. 9 American LegalNet, Inc. www.FormsWorkFlow.com __________________________________ District Judge [] A copy of this order was [ ] hand delivered [ ] faxed [ ] mailed to [ ] respondent [ ] respondent's counsel on ______________ (date).3 [] A copy of this order was [ ] hand delivered [ ] faxed [ ] mailed to [ ] petitioner [ ] petitioner's counsel on ______________ (date). __________________________________ Signed USE NOTES 1. The first page of this stipulated order of protection form shall be in the uniform format preceding the heading for additional pages of the order. 2. See Form 4-967 NMRA, "Custody, Support and Division of Property Attachment". 3. If appropriate, an order providing for restitution may be included in this paragraph. 4. Respondent may be served at the time this order is issued. If respondent is not present at the time this order is issued, service upon respondent shall be made by delivering a copy to the party. See Section 40-13-6(A) NMSA 1978. 10 American LegalNet, Inc. www.FormsWorkFlow.com [Approved, effective November 1, 1999 until July 1, 2001; approved, as amended, effective May 1, 2001; April 9, 2002; as amended by Supreme Court Order 07-8300-20 effective September 17, 2007; as amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008.] Committee commentary. — The general provisions of the order of protection, including injunctive orders, shall "continue until modified or rescinded ... or until the court approves a subsequent consent agreement...." Section 40-13-6(B) NMSA 1978. In contrast, "[a]n order of protection ... involving custody or support shall be effective for a fixed period of time not to exceed six months". Id. The custody or support "order may be extended for good cause upon motion ... for an additional period of time not to exceed six months", id., unless "the order supersedes or alters prior orders of the court" pertaining to child custody or child support. See Section 40-13-5(C) NMSA 1978. In the latter situation, "the court may enter an initial order of protection, but the portion of the order dealing with child custody or child support will then be transferred to the court that has or continues to have jurisdiction over the pending or prior custody or support action". Id. Factual Distinction Between Mutual Order of Protection and Stipulated Order of Protection The core factual difference between the Form 4-965 NMRA order of protection and this stipulated order of protection is that Form 4-965 NMRA requires the court to make findings that each party has committed an act of domestic abuse. In contrast, this order is entered by the court with no finding of domestic abuse by respondent, but rather, is based solely on the stipulation of the parties that, without admitting to acts of abuse, each party is willing to have the restraining order issued against respondent. [Amended by Supreme Court Order No. 08-8300-40, effective December 15, 2008.] 11 American LegalNet, Inc. www.FormsWorkFlow.com