The order of dismissal, Form 4-974, is a bilingual English/Spanish court form approved for the New Mexico Judicial Branch under the Family Violence Protection Act, Section 40-13-3.2 NMSA 1978. The court uses it to dismiss a petition for an order of protection from domestic abuse, with the reasons for dismissal checked on the form. It is completed by the court, not by the person who filed the petition. 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 courts.
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What is 4-974?
Form 4-974, Order of dismissal (Orden de desestimación) is the Supreme Court approved New Mexico court form that records the dismissal of a petition for an order of protection from domestic abuse, the grounds for dismissal and whether the dismissal is with or without prejudice.
The form is printed in English and Spanish side by side and cites the Family Violence Protection Act, Section 40-13-3.2 NMSA 1978. Its caption names the county, the judicial district court, the petitioner (demandante), the respondent (demandado) and the case number.
The order has three working parts:
- Findings and orders: the court checks the applicable reasons, such as the petitioner failing to appear, the petitioner asking for dismissal, the respondent not being served despite reasonable attempts, or allegations that do not describe "domestic abuse" or a "household member" as defined in Section 40-13-2 NMSA 1978. It also checks whether the petition is denied and whether dismissal is with or without prejudice.
- Recommendations: the person who reviewed the petition and held hearings states that this order is a recommendation to the district court judge.
- Adoption: the district judge adopts the recommendations and signs with the date and time of approval.
The adopted order remains in effect until a district court judge modifies it or it expires. The form is not a petition and does not start a case.
Who needs to file 4-974?
The court completes Form 4-974. It is used when a petition for an order of protection from domestic abuse under the Family Violence Protection Act is being dismissed. The person who reviewed the petition, counter-petition or hearings signs the Recommendations block with a title, and a district judge signs the final approval.
Petitioners and respondents do not fill it out. They are the parties named in the caption, and either may later disagree with the recommendations and file objections.
The Use Note at the end of the form says it may be modified and used to dismiss a petition upon motion of the respondent.
Do not use this form to start a case or to request an order of protection. It records only a dismissal.
When to file 4-974
The triggering event is the date the matter comes before the court: the form opens with a blank for the date the court reviewed the pleadings, and the dismissal is entered after that review. The form prints no separate filing deadline.
After the recommendations are prepared, any party who disagrees may, but is not required to, file written objections and a request for a hearing on those objections with the district court within ten (10) days. A copy must be served by mail on the other party. If objections are filed, the court may hold a hearing to resolve them (Rule 1-053.1(H)(1)(a) NMRA).
How to fill out 4-974
Complete the court caption
Enter the county, the judicial district, the petitioner's name, the respondent's name and the case number (No.) in the blanks at the top.
Enter the date the matter was heard
In the opening sentence, write the date on which the matter came before the court. The Spanish line asks for the same date (fecha).
Check the findings that apply
Under FINDS AND ORDERS, check each applicable reason: failure to appear, request for dismissal, respondent not served, no "domestic abuse" alleged, child custody and divorce issues, or no "household member". Use Other with a written reason if none fits.
Check the disposition of the petition
Check The petition for order of protection from domestic abuse is denied if it applies. Then check whether the cause of action is dismissed without prejudice or with prejudice.
Mark the recommendations you made
Under RECOMMENDATIONS, check what you reviewed or held: the petition, the counter-petition, hearings on the merits, and the box stating that you prepared this order as a recommendation to the district court judge.
Sign and add title and telephone
Sign on the Signed line, enter your Title and write the Court's telephone number.
Add the district judge's approval
The District Judge signs under SO ORDERED and enters the date and time approved. This adopts the recommendations.
Review and download the completed PDF
Check the caption, the boxes ticked and the signature lines, then download or print the completed PDF from FillingPDF and give it to the court as it directs.
How to submit 4-974
The form names no submission channel, address or portal. It is an order prepared for the court in the case identified by the judicial district and case number at the top, and it takes effect when a district judge signs it.
- Court contact: the Recommendations block has a line for the court's telephone number; ask that court how it handles the signed order in its case.
- Objections: a party who disagrees files written objections and a request for hearing with the district court within ten (10) days and serves a copy by mail on the other party.
- Where to find the form: the New Mexico courts publish Supreme Court approved forms in the forms library at https://nmcourts.gov/forms-library/.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the county, judicial district, party names or case number blank in the caption, so the order cannot be tied to the case.
- Checking no ground for dismissal; the form says to check the applicable findings.
- Checking both "dismissed without prejudice" and "dismissed with prejudice" instead of the one that applies.
- Writing a reason on the "Other" line without checking the box, or checking it with the line empty.
- Leaving the Recommendations block unsigned, without a title or without the court's telephone number.
- Omitting the district judge's signature or the date and time approved under SO ORDERED, so the recommendations are not adopted.
- Using the form when the dismissal is on the respondent's motion without modifying it; Use Note 1 says the form may be modified for that purpose.
Frequently asked questions
What is an order of dismissal in a New Mexico order of protection case?
An order of dismissal is the court order that ends a petition for an order of protection from domestic abuse. Form 4-974 records the reasons checked by the court and whether the dismissal is with or without prejudice.
Who fills out Form 4-974?
The court does. The person who reviewed the petition signs the Recommendations block with a title, and a district judge signs the approval. The petitioner and respondent are named in the caption but do not complete it.
Can the petitioner use the order of dismissal to withdraw a petition?
The form does not give the petitioner a way to withdraw by completing it. It does include a finding that the petitioner appeared at the hearing and requested dismissal, which the court checks.
Can I object to the recommendations in the order?
Yes. A party who disagrees may, but need not, file written objections and a request for hearing with the district court within ten (10) days, and must serve a copy by mail on the other party.
What is the difference between dismissal with and without prejudice on this form?
The form has separate boxes for each. The Spanish text says that "without prejudice" leaves the right to file again (con derecho a nueva presentación), while "with prejudice" does not (sin derecho a nueva presentación).
Can the respondent's motion lead to this form?
Yes. The Use Note says the form may be modified and used for dismissal of a petition upon motion of the respondent.
Is the order of dismissal form available in Spanish?
Yes. Form 4-974 is a bilingual document with English and Spanish text, titled Orden de desestimación in Spanish.
Can I fill out the order of dismissal on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the New Mexico courts and does not file the order or send it to the court.
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