New Mexico Statutes 32A-4-16. Ex-parte custody orders
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A. At the time a petition is filed or any time thereafter, the children’s court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.
Terms Used In New Mexico Statutes 32A-4-16
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.
C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.