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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27460
Experience:  18 years of litigation experience.
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Can I get a restraining order on my husband? He expressed

Customer Question

Can I get a restraining order on my husband? He expressed verbally to be his suicidal thoughts last week and so I proceeded to get all of the guns out of the house and taken to a safe place with a friend. Last night we were talking about it and he said that he doesn't feel understood and that's why he wants to commit suicide or go to the firing range at shoot at targets all day or just do something violent. We are still in the same house and we have two small children and I'm also pregnant.
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.


New Mexico does offer a spouse protection from harm via the civil court system if you are the victim of domestic abuse. You can read the statute with regard to this here and the definition of domestic abuse, to which your circumstances would have to conform in order for you to be eligible for this protection. Frankly, while I understand your concern, it's not certaiin that anything your husband has done or said would rise to the level of probable cause to grant you a restraining order. You can find out more about how to get the civil order in this overview.

If you are unable to meet your burden of proof at a hearing showing that you need such an order, or if you want to go another route to get your husband some help, it certainly appears that he's a danger to himself and possibly a danger to others as well. You could report that to the police and ask that he be evaluated. The state has the power to involuntarily commit someone for psychiatric evaluation when they have grounds to believe that he's a danger to himself or others. If it is determined by the state psychiatrists that he is such a danger, they will keep him beyond the 72 hour observation period and treat him.

Customer: replied 1 year ago.
I went to the police on Wednesday. They said all they could do is go to the house, ask him if he is suicidal or if he's planning on hurting anyone. They did that and he said "no" and that was the end of it. How would I know if a police report has been made?
Expert:  Zoey, JD replied 1 year ago.

You would have to ask the police, and they could tell you if they filled out an incident report as a result of having come to the house. There should be some record, even if it's just an entry in the police officers memo book.

Customer: replied 1 year ago.
Would that look to my favor in a child custody case?
Expert:  Zoey, JD replied 1 year ago.

It could. It certainly doesn't hurt your position at all that you're stable and can provide a healthy environment for your children and that that right now he is/can not.