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Stipulated order of protection

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RWMIII

Junior Member
What is the name of your state (only U.S. law)? New Mexico

I have applied for a modification/termination of a protective order. This order was a stipulated order, yet I still cannot bear arms? Aside from that, I requested telephonic service, which was denied. I have obtained all of the original court paperwork and reporter transcripts to go over. I have even taken a psychological evaluation to help my chances of having this order terminated(I have never been a violent or unstable person). I no longer live in New Mexico and have had no contact with her in over 8 years. The order was never violated and I have no will nor want to contact her. I need some direction in regards to areas of the case that I should focus on, and how the special commissioner will possibly come to a conclusion on the case. She only filed this order to get immediate custody of our child. There was never any real evidence presented to the courts aside from her making a written statement. I have never been arrested and she even attempted to have me criminally investigated which turned into nothing, as I had done no wrong. It was all just smoke bombs to allow her to get immediate custody prior to the actually DM court date.

This is going to be an expensive trip for me, as I will have to fly from Orlando to El Paso, obtain a hotel room, rent a car to drive into Las Cruces, and then back to the airport to return home and back to work. Plus all of the fees for filing everything and getting copies of everything. I need to have this resolved in one shot and just need to make sure my bases are all covered. Thank you for your time!!
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? New Mexico

I have applied for a modification/termination of a protective order. This order was a stipulated order, yet I still cannot bear arms? Aside from that, I requested telephonic service, which was denied. I have obtained all of the original court paperwork and reporter transcripts to go over. I have even taken a psychological evaluation to help my chances of having this order terminated(I have never been a violent or unstable person). I no longer live in New Mexico and have had no contact with her in over 8 years. The order was never violated and I have no will nor want to contact her. I need some direction in regards to areas of the case that I should focus on, and how the special commissioner will possibly come to a conclusion on the case. She only filed this order to get immediate custody of our child. There was never any real evidence presented to the courts aside from her making a written statement. I have never been arrested and she even attempted to have me criminally investigated which turned into nothing, as I had done no wrong. It was all just smoke bombs to allow her to get immediate custody prior to the actually DM court date.
But you stipulated to the agreement. You rolled over, in other words.

RWMIII said:
This is going to be an expensive trip for me, as I will have to fly from Orlando to El Paso, obtain a hotel room, rent a car to drive into Las Cruces, and then back to the airport to return home and back to work. Plus all of the fees for filing everything and getting copies of everything. I need to have this resolved in one shot and just need to make sure my bases are all covered. Thank you for your time!!
Yes, we know how to get to Las Cruces.

Nobody could guarantee you'd be in-n-out of court in one shot, in one day even. Nobody. Things happen.
 

RWMIII

Junior Member
But you stipulated to the agreement. You rolled over, in other words.


Yes, we know how to get to Las Cruces.

Nobody could guarantee you'd be in-n-out of court in one shot, in one day even. Nobody. Things happen.

I am just looking for some direction. Thanks!
 
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Silverplum

Senior Member
Did you file this form from the Third District Court and properly serve your ex? deleted
Have you also filed this? deleted

Both from here: deleted
 
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RWMIII

Junior Member
I did enter into the stipulated order, after the commissioner told me that if I went through with the hearing I would lose my job, all licenses, and amendment rights. I had no legal counsel and this whole ordeal had my head spinning. Fast forward almost a decade and I have a better grasp of the situation. Since I am now appealing this, will she be forced to prove that I am a threat? To provide actual evidence? From reading Section 40-13-2 NMSA 1978 it seems the law has changed from a simple affidavit to an actual under oath petition, setting out the specific facts showing the alleged domestic violence.
 

Just Blue

Senior Member
I did enter into the stipulated order, after the commissioner told me that if I went through with the hearing I would lose my job, all licenses, and amendment rights. I had no legal counsel and this whole ordeal had my head spinning. Fast forward almost a decade and I have a better grasp of the situation. Since I am now appealing this, will she be forced to prove that I am a threat? To provide actual evidence? From reading Section 40-13-2 NMSA 1978 it seems the law has changed from a simple affidavit to an actual under oath petition, setting out the specific facts showing the alleged domestic violence.
Have you packed your bags for the trip to court yet??:confused:
 

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