Restraining Order Modification or Extension
If there is a domestic violence restraining order in place that was issued under the Family Violence Protection Act [NMSA §40-13-1 et seq.], then such an order can be modified or extended in limited circumstances.
Modifying Restraining Orders
An existing domestic violence restraining order may be modified by agreement of the parties or by the judge after a hearing. To be effective, the modification must be in the form of a court order. Keep a copy of the modification order with the original restraining order so the police see both documents if they are called out to enforce the order.
Extending Restraining Orders
Domestic violence restraining orders are only good for a specific period of time that is written on the order. If you believe the abuser still poses a credible threat, then you have to a file a motion and request a hearing before the existing order expires. I recommend filing the Motion to Extend about six weeks before the expiration of the current order, to give the court sufficient time to hold the hearing.
Extensions are not automatically extended. The burden is on you to convince the court that you are still in danger, or in reasonably probable danger, and the other side should be required to stay away from you for a longer period of time.