Jones Criminal Defense Attorneys | October 8, 2025 | Criminal Law \ Domestic Violence
Restraining orders (also referred to as orders of protection) are powerful legal tools in New Mexico. They are meant to protect people who claim they are at risk of harm and place strict limits on the person accused. Many people believe that a restraining order is easy to obtain with just an allegation. However, in reality, New Mexico courts require proof before issuing one.
Learning what the law requires can help you know what to expect if someone has filed against you or if you are defending yourself in court.
The Standard of Proof
To grant a restraining order, a judge must be convinced that an act of something like domestic abuse or threats of harm has occurred. The person requesting the order, called the petitioner, has to present evidence that makes it more likely than not that the conduct took place. This is known as a “preponderance of the evidence” standard.
Unlike criminal trials, where guilt must be proven beyond a reasonable doubt, hearings on restraining orders in New Mexico use this lower threshold. That means the court does not need certainty, only enough evidence to tip the scales.
Types of Evidence Judges Consider
Judges can rely on many different forms of evidence when deciding whether to grant an order of protection. Some of the most common include:
- Testimony from the petitioner describing the alleged incident(s)
- Witness statements from friends, family members, and neighbors
- Police reports documenting calls for service or arrests
- Medical records showing injuries consistent with abuse
- Electronic communications such as text messages and emails
- Photos or videos of the incident or behavior in question
The quality and credibility of this evidence often determine whether the court will issue a temporary or permanent order.
Temporary vs. Permanent Orders
New Mexico law allows for both temporary restraining orders (TROs) and longer-term orders of protection.
- A TRO can be granted on very limited evidence if the judge believes immediate protection is needed. These are usually short-term and issued before the other party has a chance to respond.
- A permanent order of protection requires a full hearing. At this stage, the petitioner must bring forward stronger evidence because the accused (the respondent) has the right to appear, present their own evidence, and challenge the claims.
Judges generally demand more substantial proof at this stage because the stakes are higher with a permanent order.
Defending Against a Restraining Order
If someone is seeking an order of protection against you, knowing you have the right to defend yourself is important. At the hearing, you may:
- Cross-examine the petitioner about their claims
- Present your own witnesses to dispute the allegations
- Submit evidence that contradicts the petitioner’s version of events
- Argue that the proof presented does not meet the legal standard
Common defenses may involve showing inconsistencies in the petitioner’s story and/or proving that the petitioner has a motive to misuse the process. An experienced attorney can help you determine the defense(s) best suited to your case.
Contact an Experienced Albuquerque Domestic Violence Lawyer at Jones Criminal Defense Attorneys
Restraining orders in New Mexico require more than just mere accusations. The petitioner must prove, through testimony and other evidence, that abuse or harassment has occurred. Judges will consider both sides in these cases, which allows the defense to question the accusations and introduce its own facts.
If you need help with your defense, contact an Albuquerque domestic violence lawyer at Jones Criminal Defense Attorneys for a consultation.