The order to appear on this page is Form 4-964, the standard simplified order used in New Mexico district courts under the Family Violence Protection Act. It tells the respondent where and when to attend a hearing on whether an order of protection against domestic abuse will be issued. The form is used when the petitioner does not ask for a temporary order of protection, or asks and the court denies the request. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by the New Mexico Judicial Branch at nmcourts.gov.
Last updated
What is 4-964?
Form 4-964, Order to appear, is the New Mexico standard simplified order that directs a respondent to attend a district court hearing on whether an order of protection against domestic abuse will be issued under the Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978.
The printed form is a court order signed by a District Judge. It carries the caption of the case (judicial district, county, petitioner, respondent and case number) and then names the court, room, address, presiding judge, time and date of the hearing.
The order also tells the respondent what they may do and what happens if they stay away:
- 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.
- If they fail to attend, an order of protection may be entered by default against them and a bench warrant may be issued for their arrest.
A box on the form can be marked to tell people not to bring any children to the hearing. The Use Note says the Order to Appear requires a proof of return of service. It is not the petition itself and it is not the order of protection; it only sets the hearing.
Who needs to file 4-964?
The form is addressed to the respondent in a Family Violence Protection Act case, who is ordered to appear at the hearing. It is issued and signed by a District Judge in the case brought by the petitioner.
According to the Use Note printed on the form, it is for use in two situations:
- the petitioner does not seek a temporary order of protection; and
- the petitioner seeks a temporary order of protection, but the court denies the request.
The Use Note ties the hearing date to Section 40-13-4(D) NMSA 1978, which applies when an ex parte order is not granted: the court serves notice to appear upon the parties and holds the hearing. The form does not say who fills in the blanks or who delivers it; the Use Note says proof of return of service is required and that each local law enforcement agency has its own return of service form for that purpose.
When to file 4-964
The order is prepared when an ex parte order of protection is not granted, either because no temporary order was requested or because the court denied the request. The Use Note quotes Section 40-13-4(D) NMSA 1978: the court "shall serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two hours after the filing of the petition." The hearing date written on the form should be set in line with that mandate.
The respondent must attend on the date and time printed on the order. A Response (Form 4-962) may be filed at or before the hearing. The form prints no other deadline.
Documents you need
- Proof of return of service, on the return of service form used by the local law enforcement agency; the Use Note says the Order to Appear requires it.
How to fill out 4-964
Enter the court caption
Write the judicial district on the first line and the county on the county line, under STATE OF NEW MEXICO.
Name the petitioner and respondent
Print the petitioner's name above Petitioner and the respondent's name above Respondent, then enter the case number after No.
Identify the hearing court
In the order text, enter the judicial district court, the room number and the address where the hearing will take place.
Enter the judge and time
Write the name of the judge who will hear the matter and the hearing time, marking (a.m.) or (p.m.).
Set the hearing date
Enter the date of the hearing. The Use Note says it should follow Section 40-13-4(D) NMSA 1978, which calls for a hearing within seventy-two hours after the petition is filed.
Mark the children instruction
Check the box reading DO NOT BRING ANY CHILDREN TO THE HEARING if that instruction applies.
Add the District Judge signature
The order is signed by the District Judge above the line marked District Judge.
Review and download the PDF
Check the caption, hearing details and case number, then download or print the completed PDF from FillingPDF. Arrange proof of return of service as the Use Note requires.
How to submit 4-964
Form 4-964 is a court order, and the form names no filing portal, mailing address or fee. Details it does give:
- Issued by the court: the order is signed by a District Judge in the judicial district and county written in the caption. Ask that district court clerk's office how it handles the order in your case.
- Notice to the parties: the Use Note cites Section 40-13-4(D) NMSA 1978, under which the court serves notice to appear upon the parties.
- Proof of return of service: the Use Note says the order requires a proof of return of service, and that each local law enforcement agency has its own return of service form for this purpose.
- Respondent's response: a respondent who wants to answer may file Form 4-962 at or before the hearing.
The official PDF is at https://nmcourts.gov/wp-content/uploads/sites/62/2023/12/4-964.pdf. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using Form 4-964 when the court has granted a temporary order of protection; the Use Note limits it to cases with no temporary order requested or where the request is denied.
- Setting a hearing date beyond seventy-two hours after the petition is filed, which the Use Note says Section 40-13-4(D) NMSA 1978 does not allow when an ex parte order is not granted.
- Leaving the court room, address, judge, time or date blank, so the respondent cannot tell where and when to appear.
- Omitting the a.m. or p.m. choice next to the hearing time.
- Forgetting to mark the box telling people not to bring any children when the court wants that instruction.
- Leaving out the signature of the District Judge, since the form is an order.
- Overlooking the proof of return of service that the Use Note says the order requires.
Frequently asked questions
What is an order to appear in a New Mexico order of protection case?
Form 4-964, Order to appear, is a court order telling the respondent to attend a hearing on whether an order of protection against domestic abuse will be issued. It is signed by a District Judge and sets the court, room, time and date.
When is Form 4-964 used?
The Use Note says it is for cases where the petitioner does not seek a temporary order of protection, and for cases where one is sought but the court denies the request.
How soon must the hearing be held?
Within seventy-two hours after the petition is filed. The Use Note quotes Section 40-13-4(D) NMSA 1978, which applies when an ex parte order is not granted: the court serves notice to appear and holds the hearing in that period.
What happens if I do not attend the hearing?
The order states that if you fail to attend, an order of protection may be entered by default against you and a bench warrant may be issued for your arrest.
Can I bring a lawyer or witnesses to the hearing?
Yes. The order says the respondent may bring witnesses or evidence and may be represented by counsel. You may also file a Response to Petition for Order of Protection from Domestic Abuse (Form 4-962) at or before the hearing.
Can I fill out the order to appear online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not issue the order, serve it or file it with the court.
Does the order to appear 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.
Ready to fill out 4-964?
Fill out 4-964 now