Rule 1-128.4.Emergency order

Last verified June 26, 2026

In one sentenceRule 1-128.4 lets a tribunal issue any order under the Family Violence Protection Act despite a pending collaborative law process.

Full Text of Rule 1-128.4

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Notwithstanding a pending collaborative law process, a tribunal may issue any order under the Family Violence Protection Act, Section 40-13-1 to -12 NMSA 1978.

End

Rule History

[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]

Plain-English Summary

This one-sentence rule preserves emergency protection. Notwithstanding a pending collaborative law process, a tribunal may issue any order under the Family Violence Protection Act—so the collaborative process does not prevent a court from acting to protect a party from domestic violence.

Frequently Asked Questions

Can a court act on domestic violence during a collaborative law process?

Yes. The tribunal may issue any order under the Family Violence Protection Act notwithstanding a pending collaborative law process.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.4 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: emergency ordercollaborative law emergencyFamily Violence Protection Act order