A. An alleged victim of domestic abuse shall not be required to bear the cost of:

(1) the prosecution of a misdemeanor or felony offense arising out of an incident of domestic abuse, including costs associated with filing a criminal charge against the alleged perpetrator of the abuse;

(2) the filing, issuance or service of a warrant;

(3) the filing, issuance or service of a witness subpoena;

(4) the filing, issuance or service of a petition for an order of protection;

(5) the filing, issuance or service of an order of protection; or

(6) obtaining law enforcement reports or photographs or copies of photographs relating to the alleged abuse or pattern of abuse.

B. No witness fee shall be charged where prohibited by federal law.

History: Laws 1995, ch. 176, § 1; 2008, ch. 40, § 4; 2011, ch. 8, § 1.

Cross references. — For provisions regarding forbearance of costs for alleged victims of domestic abuse, stalking or sexual assault, see 30-1-15 NMSA 1978.

For domestic violence offender fund, see 31-12-12 NMSA 1978.

For provisions regarding district court cost and fees, see 34-6-40 NMSA 1978.

The 2011 amendment, effective June 17, 2011, allowed alleged victims of domestic abuse to obtain photographs relating to the alleged abuse without cost.

The 2008 amendment, effective July 1, 2008, provided for cost-free prosecution of a misdemeanor or felony domestic abuse offense and the filing of a warrant, witness subpoena and petition for a protection order; added Paragraphs (4) and (6) of Subsection A; and added Subsection B.