Domestic Violence & Police Response in New Mexico
What survivors may expect when New Mexico police respond to a DV report.
What Happens After Calling Police About Relationship Harm
1. What Police Usually Do at the Scene
Police responses can vary by province, territory, and even by officer, but there are some common steps that often happen when police attend a call about relationship harm or threats.
- Check immediate safety – Officers usually separate people, look for injuries, remove weapons if found, and try to calm the situation.
- Gather information – They may speak with each person separately, ask what happened, and look at any visible injuries, damage, or messages on phones.
- Talk to witnesses – Neighbours, children, or others present may be asked basic questions, depending on safety and age.
- Decide what action to take – This can include no charges, a warning, or starting a criminal investigation and possible arrest.
- Arrange medical help – If there are injuries or health concerns, they may call paramedics or suggest medical care.
2. How Likely Is an Arrest?
There is no single rule across Canada about when an arrest will happen, but there are some common factors that increase the chance of arrest in relationship-related situations:
- Visible injuries or serious threats
- Use or presence of weapons
- Previous police calls or reports about the same person
- Breaches of existing court orders (such as peace bonds, probation conditions, or family court orders)
- Children present during the incident
In many parts of Canada, when police believe an offence related to intimate partner violence has happened, they are strongly encouraged or directed by policy to lay charges. However, this does not guarantee an arrest every time.
3. What Happens in a Criminal Case
If police decide to lay charges, a criminal process usually begins. This process can be long and may change over time. Common steps include:
- Charges and paperwork – Police prepare a report and recommend specific criminal charges (for example, assault, uttering threats, mischief, or criminal harassment).
- Accused person appears in court – This may be:
- a same-day or next-day bail hearing, or
- a first appearance date set for later, if the person is released from the station.
- Prosecutor review – A Crown prosecutor (or Crown attorney) reviews evidence and decides how to proceed with the case.
- Disclosure – The accused (through their lawyer or duty counsel) usually gets a copy of police reports and some evidence. In many places, the complainant does not automatically get this package.
- Future court dates – There can be several appearances before any trial or plea, often over months or longer.
- Possible outcomes – Charges might be:
- withdrawn or stayed (not moving forward)
- resolved by a guilty plea and sentence
- sent to trial, where a judge (and sometimes a jury) decides guilt
4. Conditions of Release (Bail or Police Undertaking)
If the accused person is not kept in custody, they are usually released on conditions. These can be set by police (an “undertaking” or “release order”) or by a judge or justice of the peace at a bail hearing.
Common types of conditions include:
- No-contact conditions – The accused may be ordered not to contact the complainant directly or indirectly, including by phone, text, social media, or through others, except as specifically allowed by the order.
- Stay-away conditions – They may be required to stay a certain distance from:
- the complainant’s home
- workplace or school
- children’s school or daycare
- Substance-related conditions – Such as not using drugs or alcohol, sometimes combined with testing requirements.
- Curfew or geographic limits – Being required to stay at a certain address during specific hours or remain within a certain area.
- Weapons conditions – Not owning or possessing weapons, and sometimes having to surrender existing weapons and licenses.
Breaking these conditions can lead to new criminal charges, even if the complainant agreed to see or speak with the accused.
5. How Criminal Conditions Connect to Protective Orders
Criminal release conditions and protective orders (sometimes called restraining orders, emergency protection orders, or peace bonds) are separate but can overlap.
5.1 Criminal Release Conditions
- Set as part of a criminal case (bail, probation, or a conditional sentence).
- Usually begin right after arrest or sentencing.
- Enforced by police as criminal orders. Alleged breaches can lead to new charges.
- Often time-limited to the length of the case or the sentence.
5.2 Civil or Family Protective Orders
- Applied for through a separate process, usually in family or civil court.
- Names specific behaviours that are not allowed (for example, contacting you, coming to the home, or threatening behaviour).
- Can sometimes be in place even when there is no active criminal charge.
- Enforcement can depend on the order’s wording and local police practices, but breaching these orders can also lead to criminal charges.
5.3 When Orders Overlap or Conflict
It is possible to have both criminal conditions and a civil or family protective order at the same time. When that happens:
- The conditions may repeat each other (for example, both say no contact).
- One order might be stricter than the other. In practice, the accused generally needs to follow the strictest condition to avoid breach concerns.
- Changing or cancelling one order does not always change the other. Each usually needs to be changed through its own court process.
6. Safety Planning Around the Criminal Process
Police and court involvement can change risk in both directions. For some people it increases safety; for others it can lead to new pressures or retaliation attempts. It may help to:
- Review any release or protective order conditions so you understand what is allowed and not allowed.
- Think about digital safety, including privacy settings, shared accounts, and location services.
- Decide what you would like to do if the accused tries to contact you despite conditions, keeping your safety as the priority.
- Connect with community supports (for example, shelters, settlement services, or victim services) that understand local court processes.