Form 4-974. Order of dismissal.

[Family Violence Protection Act, Section 40-13-3.2 NMSA 1978.] STATE OF NEW MEXICO COUNTY OF ___________________________ _______________ JUDICIAL DISTRICT COURT ________________________________________, Petitioner v. No. ____________ _________________________________________, Respondent ORDER OF DISMISSAL 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 proper court proceeding. [ ] The allegations in the petition do not involve a "household member" as defined in Section 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. RECOMMENDATIONS I have: [ ] reviewed the petition for order of protection; [ ] reviewed the counter-petition for order of protection; [ ] conducted hearings on the merits of the petition; [ ] after notice and hearing, I prepared this order as my recommendation to the district court judge regarding disposition of the request for order of protection. If any party disagrees with the recommendations, that party may, but is not required to, file written objections and a request for hearing on those objections with the district court within ten (10) days. A copy of those objections and a request for hearing must be served by mail on the other party. ___________________________________ Signed ___________________________________ Title Court's telephone number: ______________ The court has reviewed the recommendations and adopts them. This order remains in effect unless and until it is modified by a district court judge or it expires. If objections are filed the court may conduct a hearing to resolve the objections. (See Rule 1- 053.1(H)(1)(a) NMRA). SO ORDERED. _____________________________ District Judge ___________________________________ Date and time approved