Jones Criminal Defense Attorneys | February 6, 2026 | New Mexico Law
Facing an injunction in Albuquerque can feel overwhelming, especially if you’ve never dealt with a restraining order before. An injunction is a court order with serious effects on your rights and daily life. If you’ve been served one, you have the opportunity to respond and defend your side of the story.
Knowing how these cases work can give you more control as you protect yourself and move forward.
What Is an Injunction?
In New Mexico, civil restraining orders or injunctions (commonly referred to in protective contexts) are available to prevent harassment, threats, or contact, often used when no immediate domestic relationship exists.
Injunctions do not mean you’re facing criminal charges, but they can carry strict rules. If you’re served one, you must obey it, or you could face further legal trouble even if you dispute the original complaint.
Legal Distinction Between Civil and Criminal Orders
It is crucial to understand that the initial filing for an injunction in Albuquerque is technically a civil matter, not a criminal one, even though the allegations often involve conduct that could constitute crimes. The person seeking protection (petitioner) is not the State; they are a private party.
However, once a judge signs the order, it becomes legally binding, and the consequences for violating it are generally criminal. Disobeying the order is often treated as a separate criminal offense—such as a misdemeanor or even a felony—and can lead to immediate arrest and new criminal charges.
Types of Injunctions
If someone asks the court for an injunction against you, this usually means they claim you harassed or harmed them.
The most common civil injunctions issued in New Mexico that carry criminal enforcement consequences include:
- Domestic Violence Protective Orders (DVPOs): Issued when the parties have an intimate partner relationship, are family members, or have children in common. These often involve abuse or threats.
- Civil Harassment Orders: Granted when the petitioner is being harassed, intimidated, or subjected to emotional distress by someone with whom they do not share a domestic or intimate relationship (e.g., neighbors, distant acquaintances, co-workers).
- Civil Stalking Orders: Issued when there is a pattern of conduct directed at the petitioner that causes them to fear for their safety or suffer substantial emotional distress.
- Sexual Assault Orders: Granted specifically in cases where the petitioner is a victim of sexual assault, regardless of their relationship to the respondent.
Knowing the type of injunction matters because each requires a different legal approach in your defense.
Understanding What the Court Gives You
After the court processes someone’s petition, it often issues a temporary restraining order (TRO) right away. That order aims to set strict rules to protect the alleged victim.
If the court grants your request for a protective order, you’ll receive official documentation outlining the specific protections. This document clearly states the boundaries the restrained party must adhere to, such as maintaining a minimum physical distance, ceasing all communication, and refraining from visiting certain locations. It’s crucial to keep a copy of this order with you at all times.
If you are the recipient, you will typically be served by law enforcement. It is important that you do not violate what’s written in the TRO, even if you don’t agree with the reasons behind it. Pay close attention to any papers you receive and make sure you do not ignore any instructions or deadlines. Violating a court order can have serious legal consequences.
Hearing Preparation for Injunctions in New Mexico
When a TRO is granted, a court hearing will be held within ten days. Preparation matters if you want to protect your rights. Missing this court date may result in a TRO becoming permanent.
Collect anything that could challenge the accusations, such as:
- Text messages or call records,
- Witnesses who can speak on your behalf
- Documents proving your innocence
- Any evidence of the accuser’s bias or motives
Thoroughly gather all supporting documents, organize your evidence logically, and anticipate the arguments the opposing party might present. Judges look very closely at both sides during this hearing, so organization can make a noticeable difference in your case. The more organized your evidence, the stronger your defense will be.
Hearing Day
On the hearing day, both parties have the right to speak and show any evidence. If the judge finds the claims meet the legal standards, they can grant a much longer injunction or a permanent restraining order.
Consulting with an experienced attorney is highly recommended to navigate this crucial stage effectively.
Contact the Albuquerque Criminal Defense Attorneys at Jones Criminal Defense Attorneys for Help Today
These matters move fast, and acting quickly to defend yourself is critical. If you have any questions about filing an injunction or defending against one, Jones Criminal Defense Attorneys is here for you.
Contact us today to schedule a free consultation with our Albuquerque criminal defense lawyers.
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1011 Lomas Blvd NW #105
Albuquerque 87111
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Jones Injury Attorneys
8205 Spain Rd NE, #111-A
Albuquerque, NM
87109
505-634-7796
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