When you’re facing criminal charges in San Juan County, protecting your freedom and future is a top priority. That includes situations where you’re accused of violating a protective order. These accusations can have serious legal consequences, even if the violation was unintentional. You don’t have to navigate this alone—an experienced criminal defense lawyer can make all the difference.
Learn more about what happens when someone violates a protective order in New Mexico—and how a protective order attorney can help defend your rights.
What Are Protective Orders in New Mexico?
Protective orders — sometimes called restraining orders — are legal tools designed to prevent domestic violence, stalking, harassment, or threats. In New Mexico, these orders are governed by the Family Violence Protection Act and may be temporary or permanent.
Protective orders usually include specific terms, like staying away from the protected party, avoiding contact, and not returning to shared residences. But the terms vary depending on the situation. Even something as simple as responding to a text message can sometimes be considered a violation.
What Happens if You Violate a Protective Order?
Under NMSA § 40-13-6, violating an order of protection is a crime. The penalties depend on whether it’s your first offense or if you’ve been accused of violating restraining orders in the past.
Your First Violation is a Misdemeanor
A first violation of a protective order is a misdemeanor offense. You could face:
- Up to 364 days in jail
- A fine of up to $1,000
- Mandatory counseling and restitution to the alleged victim
The court can also impose other conditions, including additional criminal charges if other crimes were committed during the violation.
Subsequent Violations Become Felonies
A second violation charge of breaking a restraining order carries steeper consequences:
- Mandatory minimum jail time of 72 consecutive hours
Can I Be Arrested Without a Warrant?
New Mexico law allows law enforcement to arrest you without a warrant if they believe there’s probable cause you violated a protective order. That means a single complaint—without a formal hearing—could lead to immediate arrest.
How Do People Violate Protective Orders in NM?
Protective orders can be strict and sometimes confusing. Many people violate them without meaning to. Common violations include:
- Responding to texts or calls from the protected party
- Going to shared places (like work, school, or a co-parent’s house)
- Third-party communication, like asking a friend to pass along a message
- Accidental encounters in public spaces
In some cases, the protected person might even initiate contact—and you can still be held responsible. Courts enforce these orders strictly, regardless of who reached out first.
What To Do If You’re Accused of Violating a Protective Order
If you’re accused of violating a protective order in Farmington or elsewhere in San Juan County, you need to act quickly and carefully.
1. Contact a Criminal Defense Lawyer Immediately
This isn’t a situation to handle on your own. Attorney Shellie Patscheck understands how protective order violations are prosecuted—and how to defend against them. The sooner you get legal help, the more options you’ll have.
2. Don’t Contact the Protected Party
Even if they text you or try to initiate contact, don’t respond. Continuing any form of communication—even to explain yourself—can make things worse.
3. Gather Evidence for Your Defense
If you believe the accusation is false or exaggerated, start collecting evidence right away. Save messages, call logs, or anything else that might help show your side of the story.
4. Show Up for Court
Failing to appear in court can lead to a bench warrant or additional charges. Your lawyer can help you prepare for your hearing and represent you during the process.
How a Farmington Criminal Defense Lawyer Can Help
Navigating the legal system on your own after being accused of violating a protective order is risky. A seasoned criminal defense attorney can:
- Explain the charges and potential outcomes
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in court, helping to protect your reputation and future
- Clarify the protective order’s terms, so you can avoid additional violations
Attorney Shellie Patscheck has spent years as a trial attorney defending the rights of individuals accused of crimes. She understands that you need clear answers and strategic support during these types of stressful situations.
FAQs about Protective Order Violations
Can my violation charge be dropped if the protected party drops the restraining order?
Not necessarily. In New Mexico, a violation of a protective order is a criminal offense handled by the state—not the protected party. Even if the protected person wants to drop the order or no longer wishes to pursue the case, the prosecutor can still move forward with the charges. However, their cooperation (or lack of it) may influence the outcome. A criminal defense lawyer can help you present the strongest possible case and push for a dismissal if appropriate.
Can a protective order be modified or dismissed in New Mexico?
Yes. Either party can request that the court modify or cancel the protective order, but the judge must review the request and decide whether it’s appropriate based on the circumstances.
What happens if the protected person contacts me first?
Even if the protected party initiates contact, you can still be charged with violating the order if you respond or engage. Only the court can change the terms of a protective order.
Do protective orders affect my ability to own or carry a firearm in New Mexico?
Yes. Being the subject of a protective order may impact your right to possess or purchase firearms under both state and federal law.
Can I be served with a protective order without knowing about it first?
Yes. Temporary orders of protection can be issued by a judge without your presence at an initial hearing. You’ll be formally served afterward and given a date to appear in court.
Will a protective order appear on my criminal record?
A protective order itself is a civil matter, but any violations of it are criminal offenses and will show up on your record if you’re convicted.
Get Help with Your Protective Order Violation in Farmington Now
Violating a protective order can turn your life upside down, but you still have rights. Patscheck Law will go the extra mile to defend your future with responsive, aggressive legal representation.
If you’ve been accused of violating a protective order in San Juan County, don’t wait. Attorney Shellie Patscheck offers free, no-obligation consultations to help you understand your options.
Call 505-325-9898 today to fight back and protect your future.