Rule 1-129.Proceedings under the Family Violence Protection Act

Last verified June 26, 2026

In one sentenceRule 1-129 provides that the first petition for an order of protection opens the proceeding and any later petition between the same parties is filed in that same case.

Full Text of Rule 1-129

Text sizeJump to: (A) (B) (C)

A. First petition. The first petition filed between two parties for an order of protection under the Family Violence Protection Act, Sections 40-13-1 to -12 NMSA 1978, shall proceed under these rules as they apply to all civil proceedings. For the purposes of this rule, the proceeding arising from the first petition shall be referred to as the original proceeding.

B. Subsequent petition. Any subsequent petition filed under the Family Violence Protection Act by either of the parties named in the first petition against the other party named in the first petition shall be filed as part of the original proceeding and shall not open a new proceeding under Paragraph A of this rule.

(1) Pending proceedings. If the original proceeding is pending or subject to the court’s jurisdiction at the time that the subsequent petition is filed, the subsequent petition shall be treated as a pleading or paper in the original proceeding.

(2) Closed proceedings. If the original proceeding has been closed at the time that the subsequent petition is filed, the court clerk shall re-activate the case number assigned to the first petition and return the new matter to the judge who presided over the original proceeding or to that judge’s successor.

C. Caption. After the court clerk has assigned a case number to the first petition, all subsequent pleadings and papers filed in the proceeding, including a subsequent petition under Paragraph B of this rule, shall use the same case number.

End

Rule History

[Approved by Supreme Court Order No. 17-8300-028, effective for all petitions filed on or after December 31, 2017.]

Plain-English Summary

This rule keeps domestic violence matters between the same parties together. The first petition for an order of protection under the Family Violence Protection Act proceeds under the ordinary civil rules—the “original proceeding.” Any later petition by either of those parties against the other is filed as part of that original proceeding rather than opening a new case.

If the original proceeding is still pending, a subsequent petition is treated as a paper in it; if it has closed, the clerk reactivates the original case number and returns the matter to the original judge or that judge’s successor. All filings use the same case number assigned to the first petition.

Frequently Asked Questions

Where is a second petition for an order of protection filed?

As part of the original proceeding between the same two parties, under the same case number—if the original is closed, the clerk reactivates it and returns it to the original judge.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-129 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: Family Violence Protection Actorder of protectiondomestic violence proceedingsubsequent petition