Bill > SB90

This bill amends the Family Violence Protection Act to clarify the definition of a "credible threat" when a court is considering issuing an order of protection, which is a legal order designed to prevent domestic abuse. Previously, the law focused on the court determining if domestic abuse occurred, but this bill specifically adds a definition for "credible threat" as a situation that causes a reasonable person to fear for their physical safety or the safety of another, which can be shown through statements, actions, or a pattern of behavior from the respondent, and importantly, does not require the use or threat of a firearm. The bill also makes conforming amendments to ensure this new definition is properly integrated into the existing legal framework for issuing orders of protection, which can include provisions like requiring the restrained party to surrender firearms and prohibiting them from purchasing or possessing them, as well as other measures to protect the victim.

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=90&year=26