4-974

[Family Violence Protection Act, Section 40-13-3.2 NMSA 1978.]

_______________ JUDICIAL DISTRICT COURT

COUNTY OF ___________________________

STATE OF NEW MEXICO

________________________________________

Petitioner

v.                                                                              No. ____________

_________________________________________

Respondent

ORDER OF DISMISSAL¹

          This matter coming before the court on ______________ (date) and the court having reviewed the pleadings and being sufficiently advised,

FINDS AND ORDERS:

(check applicable)

[ ]      The petitioner failed to appear at the hearing and therefore failed to prosecute this case.

[ ]      The petitioner appeared at the hearing and requested dismissal of this case.

[ ]      The respondent has not been served despite reasonable attempts.

[ ]      The allegations in the petition do not allege "domestic abuse" as defined in Section 40-13-2 NMSA 1978.

[ ]      The allegations in the petition involve child custody and divorce issues which should be addressed in the property court proceeding.

[ ]      The allegations in the petition do not involve a "household member" as defined in Sectin 40-13-2 NMSA 1978.

[ ]      Other _____________________________________________________.

[ ]      The petition for order of protection from domestic abuse is denied.

[ ]      This cause of action is dismissed without prejudice.

[ ]      This cause of action is dismissed with prejudice.

_____________________________  ____________________________

District Judge                               Date and time approved

USE NOTE

1.       This form may be modified and used for dismissal of a petition upon motion of the respondent.

[Approved, effective February 16, 2004.]