How Long Does a Restraining Order Stay on Your Record in New Mexico?
In New Mexico, the length of time a restraining order stays on your record depends on three main factors:
- The type of restraining order,
- The kind of record you are referring to, and
- Whether there were any violations.
Temporary and permanent restraining or protective orders can create significant long and short-term challenges in a person’s life. It is essential that you consult with an experienced NM criminal defense attorney if you are subject to a restraining order, especially if you are facing charges related to a violation of the order.
Types of Restraining Orders in New Mexico
There are various types of restraining orders in New Mexico. While the specifics of each type vary fundamentally, these orders are designed to protect individuals from harassment, abuse, or threats.
The main types of restraining orders in New Mexico are outlined below.
Temporary Restraining Orders (TRO)
TROs are typically ordered in emergencies where immediate protection is imperative. These temporary orders usually last a few weeks until the court can hold a hearing.
Orders of Protection
An order of protection is typically used in New Mexico domestic violence cases, which involve family members and current and former romantic partners. These orders can last for up to one year and can be renewed.
Civil Harassment Restraining Orders
These orders are generally sought in cases of harassment or stalking that do not involve a domestic relationship. For example, if a neighbor, co-worker, or former friend believed that you were engaging in a course of harassing conduct, they could seek a civil harassment restraining order.
NM anti-stalking orders are designed for victims of stalking, and typically prevent a restrained party from coming within a certain distance of the alleged victim or, at the very least, from engaging in any stalking or harassment.
Where there is concern for the safety and well-being of a child, NM courts can issue restraining orders that include stipulations related to child custody.
Firearms Restraining Order
This restricts access to firearms when there is a credible threat of harm or future violence. A firearms restraining order also requires you to turn in any firearms you already own.
Sexual Assault Protective Order
Sexual assault victims may receive a protective order against the alleged perpetrator.
The provisions, eligibility, and duration of these orders depend on the unique facts and circumstances of the incident that gave rise to a protective order.
Does a Restraining Order Go on My Record?
New Mexico restraining orders may become an accessible part of one’s legal record. However, the scenarios in which a restraining order becomes a part of your criminal record are limited to those situations in which you’ve been convicted of violating the restraining order.
Information related to filing, issuing, modifying, and terminating a restraining order is usually recorded in court documents. As such, court personnel, law enforcement, and individuals related to the case may have access to these records.
Law Enforcement Records
In some cases, relevant law enforcement agencies may keep records of protective orders to ensure compliance and provide officers with information about the case.
While many restraining orders do not appear on general background checks, a restraining order may appear in some in-depth searches.
While New Mexico does not maintain a protection order database, individual petitioners can submit protection orders to their local courthouse. Sometimes, the local jurisdiction may submit these orders to the national database.
The accessibility and visibility of NM protective orders may vary depending on the current laws.
Do NM Restraining Orders Go on Civil or Criminal Records?
NM civil courts generally issue restraining orders. Therefore, restraining orders are usually associated with a person’s civil records. However, if the subject, or respondent, violates a restraining order, it likely becomes a criminal matter that can go on the respondent’s criminal record.
How Long Will a Restraining Order Stay on Your Record?
The length of time a civil restraining order stays on your records varies. However, because these orders are civil in nature, they will not typically appear on a criminal background check unless there is a violation.
In some cases, the civil protective order relates to criminal charges. In these cases, a criminal background check would reveal any pending criminal charges. Further, if the respondent violates the terms of a protective order, it becomes a criminal matter. Additionally, law enforcement can have access to restraining order information regardless of whether the order is temporary or permanent, and it will remain in the system while the order is active.
It is important to note that in many cases, the length of time the restraining order shows up on a background check does not necessarily equate with the duration of the protective order.
The Impact of Restraining Orders
New Mexico restraining orders can have severe consequences for the respondent. For example, a restraining order can result in the following:
- Contact restrictions,
- Forced relocation,
- Loss of firearm rights,
- Criminal sanctions,
- Employment loss, and
- Reputational damage.
Given these long-lasting consequences, anyone at risk of being subject to a protective order should consult an experienced attorney as soon as possible.
Have You Been Charged with Violating a New Mexico Restraining Order?
If you’re wondering, How long does a restraining order stay on your record in New Mexico?, you may be asking the wrong question. Unless you are convicted of violating the order, it won’t go on your record at all. However, a conviction for violating a restraining order will end up on your record. At the New Mexico Criminal Law Offices, our restraining order defense lawyers have decades of experience helping clients defend claims that they violated a restraining order. We understand the best defenses to these charges and how to use them effectively to mitigate your exposure early on. To learn more, and to schedule a free consultation with a New Mexico restraining order violation attorney today, give us a call or connect with us through our online contact form.