§ RULE 1-121. TEMPORARY DOMESTIC ORDERS

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 12 > RULE 1-121.

RULE 1-121. TEMPORARY DOMESTIC ORDERS

A. Temporary Domestic Orders Required. Except as provided in this rule, in all original domestic relations actions where a summons has been issued, the court shall enter a temporary domestic order, unless:

(1) the action was filed by the state regarding child support; or

(2) otherwise ordered by the court.

B. Approved Form. If a temporary domestic order is issued it shall be substantially in the form approved by the Supreme Court. Any prohibition or limitation on the parties not included in the Supreme Court approved form shall only be approved after notice and hearing by the court.

C. Issuance. Coincident with the issuance of summons, the clerk shall file a temporary domestic order, and deliver an endorsed copy of the order to the person obtaining the summons. The petitioner shall cause to be served an endorsed copy of the temporary domestic order on the respondent. If served with the summons and petition, the return of summons shall include a statement that the temporary domestic order was served with the petition.

D. Effective Date of Temporary Domestic Orders. The verification to the petition shall include a statement that the petitioner understands the content of the temporary domestic order. The temporary domestic order shall be binding upon the petitioner at the time the petition is filed and upon the respondent two (2) days after it is personally served on the respondent. Actions taken by either party that are contrary to the terms of the temporary domestic order are subject to redress by the court, including costs and attorney fees.

E. Applicability. Unless the court orders otherwise, this rule shall not apply to domestic relations actions or proceedings filed:

(1) pursuant to Section 40-4-20 NMSA 1978 to divide or distribute property;

(2) after entry of the final order or decree;

(3) pursuant to the Uniform Interstate Family Support Act;

(4) pursuant to the Uniform Parentage Act; or

(5) as a third party custody action.

F. Temporary Restraining Orders. This rule shall not preclude a party from requesting the entry of a temporary restraining order under Rule 1-066 of these rules.