The order to appear (Form 4-964) is the standard simplified order that a New Mexico district court uses to tell a respondent when and where to attend a hearing on a petition for an order of protection against domestic abuse. It is a Supreme Court approved form of the New Mexico Judicial Branch, printed in English and Spanish, and it falls under the Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published on the New Mexico courts website.
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What is 4-964?
Form 4-964, Order to appear, is the standard simplified order to appear at hearing under the Family Violence Protection Act. It orders the respondent to attend a district court hearing on whether an order of protection against domestic abuse will be issued.
The form is bilingual, with each paragraph in English and Spanish (Orden de comparecencia). It carries the caption of the case: the judicial district, the county, the petitioner (Demandante), the respondent (Demandado) and the case number. The body of the order fills in the court's judicial district, the room, the address, the judge, and the time and date of the hearing.
The order also tells the respondent three things: they may bring witnesses or evidence and may be represented by counsel; they may file a Response to Petition for Order of Protection from Domestic Abuse (Form 4-962) at or before the hearing; and if they fail to attend, an order of protection may be entered by default and a bench warrant may be issued for their arrest. A checkbox adds the instruction "DO NOT BRING ANY CHILDREN TO THE HEARING." The order ends with the signature line of the District Judge.
The form is not the petition and is not an order of protection. It only sets the hearing at which the court decides on the petition.
Who needs to file 4-964?
The form is used in a petition for an order of protection against domestic abuse when the petitioner does not seek a temporary order of protection, and also when the petitioner seeks a temporary order but the court denies the request. That is the use note printed on the form itself.
The order is addressed to the respondent, the person named in the petition, who is ordered to appear. The petitioner is named in the caption. The respondent may bring witnesses or evidence, may be represented by counsel at the hearing, and may file Form 4-962, the Response to Petition for Order of Protection from Domestic Abuse.
The order is signed by the District Judge. The form does not say who fills in the blanks for the court.
Do not use Form 4-964 where the court has granted a temporary order of protection, since the use note limits the form to the two situations above. The form does not say which other form applies in that case.
When to file 4-964
The triggering event is a petition for an order of protection in which no temporary (ex parte) order is granted: either the petitioner does not ask for one, or the court denies the request. The use note says the hearing date must follow Section 40-13-4(D) NMSA 1978. Under that section, if an ex parte order is not granted, the court serves notice to appear upon the parties and holds a hearing on the petition within seventy-two hours after the petition is filed.
Set the date and time on the form with that period in mind. The respondent may file the Response (Form 4-962) at or before the hearing. The form prints no other deadline.
Documents you need
- Proof of return of service: the use note says the Order to Appear requires it, on the return of service form of the local law enforcement agency.
How to fill out 4-964
Enter the judicial district and county
At the top, fill in the judicial district on the court line and the county in the caption. The State of New Mexico is already printed.
Enter the parties and case number
Write the Petitioner's name and the Respondent's name in the caption, and the case number after No.
Enter the hearing court and room
In the body of the order, enter the judicial district of the court where the hearing will be held and the room number.
Enter the address and the judge
Write the street address of the courthouse on the (address) line, then the name of the judge who will hear the matter.
Set the hearing time and date
Enter the hour and circle or mark a.m. or p.m., then the date. Set it within seventy-two hours after the petition was filed, as the use note requires when no ex parte order is granted.
Mark the children notice if it applies
Check the box DO NOT BRING ANY CHILDREN TO THE HEARING (NO LLEVE NIÑOS A LA AUDIENCIA) when the court wants that instruction on the order.
Have the District Judge sign
The order ends with the signature line for the District Judge / Juez de Distrito. The judge signs there.
Review and download the completed PDF
Check that the names, case number, room, address, time and date agree with the petition. Download or print the completed PDF from FillingPDF and arrange service and proof of return as described under How to submit.
How to submit 4-964
The form names no filing portal, mailing address or appointment channel. It is a court order, and it reaches the respondent through service of notice to appear, as Section 40-13-4(D) NMSA 1978 provides in the use note.
- Service: the court serves the notice to appear upon the parties, according to the quoted section.
- Proof of service: the use note says the Order to Appear requires a proof of return of service, and that each local law enforcement agency has its own return of service form for this purpose.
- Questions on procedure: contact the clerk of the district court named on the order. The form does not give a phone number.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using Form 4-964 when a temporary order of protection has been granted; the use note limits it to cases with no temporary order sought or with the request denied.
- Setting the hearing date later than seventy-two hours after the petition was filed, contrary to Section 40-13-4(D) NMSA 1978 as quoted in the use note.
- Leaving the courtroom details blank: the judicial district, room, address, judge, time (a.m. or p.m.) and date.
- Leaving out the instruction not to bring children when it applies, because the order has a checkbox for it.
- Issuing the order without the signature of the District Judge at the end of the form.
- Not arranging a proof of return of service, which the use note says the order requires.
- Confusing the Response (Form 4-962) with this order: Form 4-962 is the respondent's optional response.
Frequently asked questions
What is an order to appear in a New Mexico order of protection case?
Form 4-964, Order to appear, is the court order that tells a respondent when and where to attend a hearing on whether an order of protection against domestic abuse will be issued. It is a bilingual form under the Family Violence Protection Act.
When is Form 4-964 used?
The use note says it is used when the petitioner does not seek a temporary order of protection, and also when the petitioner seeks one but the court denies the request. It is not for cases where a temporary order is granted.
How soon must the hearing be held?
Within seventy-two hours after the petition is filed, if an ex parte order is not granted. The use note quotes Section 40-13-4(D) NMSA 1978, which says the court serves notice to appear upon the parties and holds the hearing in that time.
What happens if the respondent does not attend the hearing?
The order warns that an order of protection may be entered by default against the respondent and that a bench warrant may be issued for their arrest. The respondent may bring witnesses or evidence and may have a lawyer at the hearing.
Can the respondent file a response to the petition?
Yes. The order says the respondent may file a Response to Petition for Order of Protection from Domestic Abuse (Form 4-962) at or before the hearing.
Does the order require proof of service?
Yes. The use note says the Order to Appear requires a proof of return of service and that each local law enforcement agency has its own return of service form for this purpose.
Is Form 4-964 available in Spanish?
Yes. The form is bilingual: every paragraph is printed in English and Spanish, and the Spanish title is Orden de comparecencia. Both languages are on the same PDF.
Can I fill out the order to appear online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not file the form, serve it or contact the court. Service follows the court's procedure.
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