Definitions of Domestic Violence - New Mexico

Date: January 2021

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 40-13-2

The term 'domestic abuse' includes the following:

  • An incident of stalking or sexual assault whether committed by a household member or not
  • An incident by a household member against another household member consisting of or resulting in any of the following:
    • Physical harm
    • Severe emotional distress
    • Bodily injury or assault
    • A threat causing imminent fear of bodily injury by any household member
    • Criminal trespass
    • Criminal damage to property
    • Repeatedly driving by a residence or work place
    • Telephone harassment
    • Harassment
    • Strangulation or suffocation
    • Harm or threatened harm to children

Domestic abuse does not mean the use of force in self-defense or in the defense of another.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. §§ 30-3-12 through 30-3-16

'Assault against a household member' consists of any of the following:

  • An attempt to commit a battery against a household member
  • Any unlawful act, threat, or menacing conduct that causes a household member to reasonably believe that he or she is in danger of receiving an immediate battery

'Aggravated assault against a household member' consists of any of the following:

  • Unlawfully assaulting or striking at a household member with a deadly weapon
  • Willfully and intentionally assaulting a household member with intent to commit any felony

'Assault against a household member with intent to commit a violent felony' consists of any person assaulting a household member with intent to kill or commit any murder; mayhem; criminal sexual penetration in the first, second, or third degree; robbery; kidnapping; false imprisonment; or burglary.

'Battery against a household member' consists of the unlawful, intentional touching or application of force to the person of a household member when done in a rude, insolent, or angry manner.

'Aggravated battery against a household member' consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

Whoever commits aggravated battery against a household member is guilty of a third-degree felony if the aggravated battery against a household member includes any of the following:

  • Infliction of great bodily harm
  • Use of a deadly weapon
  • Strangulation or suffocation
  • Any action whereby great bodily harm or death can be inflicted

Persons Included in the Definition

Citation: Ann. Stat. §§ 40-13-2; 30-3-11

In civil law: 'Household member' means any of the following:

  • A spouse or former spouse
  • A parent, present or former stepparent, or present or former parent-in-law
  • A grandparent or grandparent-in-law
  • A child, stepchild, or grandchild
  • A coparent of a child
  • A person with whom the petitioner has had a continuing personal relationship

Cohabitation is not necessary to be deemed a household member for purposes of this section.

'Coparents' means persons who have a child in common regardless of whether they have been married or have lived together at any time.

In criminal law: 'Household member' means any of the following:

  • A spouse or former spouse
  • A parent, present or former stepparent, or present or former parent-in-law
  • A grandparent or grandparent-in-law
  • A coparent of a child
  • A person with whom a person has had a continuing personal relationship

Cohabitation is not necessary to be deemed a household member for the purposes of this section.

'Continuing personal relationship' means a dating or intimate relationship.

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