Abstract
Orders of protection provide survivors of domestic abuse a level of security by limiting contact between the parties. In 2019, the New Mexico legislature amended the Family Violence Protection Act (FVPA) to provide additional protections through orders of protection by requiring the respondent to relinquish their firearms to law enforcement where the court finds there is a “credible threat to the physical safety” of the petitioner. In 2023, the New Mexico Supreme Court clarified the required showing for obtaining an order of protection and held that the court must find prior domestic abuse. But the “credible threat” standard required for the relinquishment of firearms remains undefined causing confusion for pro se petitioners and allowing for potential misapplication by the courts. This Note examines the link between domestic violence and firearms in New Mexico. Next, it discusses order of protection jurisprudence in New Mexico with an emphasis on the burden placed on pro se petitioners. Finally, this Note discusses changes the State of New Mexico should make to allow for the meaningful implementation of the firearms restrictions in the FVPA, including (1) adding a definition of “credible threat” to the FVPA, (2) amending of the petition for an order of protection, and (3) substantive continuing education for hearing officers, special commissioners, and judges who work with orders of protection.
Recommended Citation
Amy J. Feagans,
Pro Se What?! Orders of Protection, Credible Threats to Physical Safety, and Restricting Access to Firearms,
54
N.M. L. Rev.
573
(2024).
Available at:
https://digitalrepository.unm.edu/nmlr/vol54/iss2/11
