A petition to revoke probation in a New Mexico juvenile case is made on Form 10-717, Petition to revoke probation, a Supreme Court approved form of the New Mexico Judicial Branch for use with Rule 10-261 NMRA. It is captioned for the Children's Court and is signed by the Children's Court Attorney. The printed Use Note says the form may also be used to revoke a consent decree. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published on the New Mexico Courts website.
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What is 10-717?
Form 10-717, Petition to revoke probation is the New Mexico Children's Court pleading in which the undersigned states that a child has violated the terms of probation and asks the court to revoke it. It is marked "For use with Rule 10-261 NMRA."
The form is a Supreme Court approved form of the New Mexico Judicial Branch. Its caption names the county and judicial district, the Children's Court, the child ("In the Matter of ____, a Child") and the case number. The body of the petition records:
- the date the terms of probation were entered;
- the child's birthdate and address;
- the facts giving rise to the petition, including the terms of probation alleged to have been violated and the factual basis for revocation, with dates of violation;
- the names and addresses of the child's parents, guardian, or custodian;
- a statement that the best interests of the child and the public require that the petition be filed;
- whether the child is not in detention, or is being detained at a named place in New Mexico, and since when.
A line for the Children's Court Attorney closes the form. According to the Use Note, the same form may also be used to revoke a consent decree. The form's history notes that it was amended effective August 1, 1999, and that former form 10-418 was recompiled and amended as 10-717 by Supreme Court Order No. 16-8300-017.
Who needs to file 10-717?
The Children's Court Attorney is the person named in the signature block of Form 10-717, so the petition is prepared for that attorney's signature. It is used in New Mexico Children's Court cases where a child is on probation and is alleged to have violated its terms.
The same form may be used when the matter is a consent decree rather than probation, as the printed Use Note says.
The form is not a general adult probation petition: its caption is the Children's Court and it concerns "a Child." The form does not describe other people who may sign or file it, so questions about who may bring a petition are answered by Rule 10-261 NMRA, which the form cites, and by the court handling the case.
When to file 10-717
The triggering event is an alleged violation of the terms of probation that the court entered on the date written in the first paragraph of the form. The petition states that the child has violated those terms and must give the dates of violation. Form 10-717 prints no filing deadline of its own. The form's Use Note extends it to revoking a consent decree, which has the same trigger: a claimed violation. The time rules that apply are in Rule 10-261 NMRA, to which the form refers.
If the child is already in detention, the form asks for the time (a.m. or p.m.) and the date detention began, so have those details at hand before you fill it out.
How to fill out 10-717
Complete the court caption
Enter the county, the judicial district number and the case number (No.) at the top, and the child's name in "In the Matter of ____, a Child."
Enter the probation order date
In the first paragraph, write the day, month and year on which the terms of probation were entered. This is the probation the petition alleges was violated.
Enter the child's birthdate and address
Write the child's birthdate on the line provided, then the child's current address on the next line.
State the facts of the violation
Under "The facts giving rise to this petition are," include the terms of probation alleged to have been violated and the factual basis for revocation, with dates of violation. Continue on the extra lines as needed.
List parents, guardian, or custodian
Enter the names and addresses of the child's parents, guardian, or custodian in the lines provided.
Mark the detention status
Check The child is not in detention, or check the box for detention and enter where the child is held in New Mexico. Complete only the applicable parts.
Enter when detention began
If the child is in detention, enter the time with a.m. or p.m. and the day, month and year the detention began.
Review, sign and download the PDF
Check each entry against the court record, then have the Children's Court Attorney sign on the signature line. Download or print the completed PDF from FillingPDF for filing.
How to submit 10-717
Form 10-717 names no filing address, portal or appointment process. It is a pleading captioned for a specific Children's Court case, so the completed and signed petition is filed in that case with the court identified in the caption (county and judicial district).
Service: the Use Note says a petition to revoke probation or a consent decree may be served in the manner provided for service of pleadings and papers, and refers to Rules 10-104, -105 and -106 NMRA.
Finding the form: the New Mexico Courts forms library at https://nmcourts.gov/forms-library/ groups juvenile forms under Children's Court. The PDF itself is at the official URL listed on this page.
Questions about filing: the form does not give a fee, deadline or filing instructions. Check Rule 10-261 NMRA and the court clerk where the case is pending.
FillingPDF lets you fill out and download the PDF; submission follows the court's channels described above.
Common mistakes to avoid
- Leaving out the terms of probation alleged to have been violated; the facts section asks you to include them along with the factual basis for revocation.
- Omitting the dates of violation from the facts section, which the form specifically asks for.
- Writing a general statement of misconduct instead of the specific facts that give rise to the petition.
- Leaving blank the names and addresses of the child's parents, guardian, or custodian.
- Not completing the detention part: marking neither "The child is not in detention" nor the detained-at line, or skipping the date and time detention began.
- Omitting the date on which probation was entered, which is the first blank in the petition.
- Submitting the petition without the signature of the Children's Court Attorney.
- Using this form for a probation matter outside the Children's Court; its caption and rule reference are for children's cases.
Frequently asked questions
What is a petition to revoke probation in New Mexico?
It is Form 10-717, a Children's Court pleading stating that a child has violated the terms of probation. It records the probation date, the facts and dates of violation, the parents or custodian and the child's detention status.
Can Form 10-717 also be used for a consent decree?
Yes. The form's Use Note says it may also be used to revoke a consent decree. The rest of the form works the same way, with the facts of the alleged violation stated in the petition.
Who signs Form 10-717?
The signature block on the form is for the Children's Court Attorney. The petition begins with "The undersigned states," so the attorney's signature goes on the line at the bottom.
Which rule goes with Form 10-717?
The form is printed "For use with Rule 10-261 NMRA." Read that rule for the requirements that apply to a petition to revoke probation, since the form itself prints no deadline or filing instructions.
How is a petition to revoke probation served?
The Use Note says it may be served in the manner provided for service of pleadings and papers, and cites Rules 10-104, -105 and -106 NMRA. Check those rules for the details of service.
What do I write in the facts section?
State the terms of probation alleged to have been violated and the factual basis for revocation, including the dates of violation. The form prints this instruction under the facts lines, and you may continue on the additional lines.
Can I fill out the petition to revoke probation online?
Yes. You can fill out the form online on FillingPDF and download or print the PDF. FillingPDF is an independent service and does not file the petition with the court; filing follows the court's rules.
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