Form 4-974, Order of dismissal, is a New Mexico court form issued under the Family Violence Protection Act, Section 40-13-3.2 NMSA 1978, to record that a petition for an order of protection from domestic abuse is dismissed. The form lists the grounds for dismissal, adds a recommendations block for the person who held the hearing, and ends with the district judge's order. On this page you can fill out the order of dismissal online on FillingPDF and download or print the completed PDF; the form itself is published by the New Mexico Judicial Branch at nmcourts.gov.
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What is 4-974?
Form 4-974, Order of dismissal, is the New Mexico Supreme Court approved form on which a court records that a petition for an order of protection from domestic abuse is dismissed, with the findings that support the dismissal and the district judge's signature.
The form cites the Family Violence Protection Act, Section 40-13-3.2 NMSA 1978. It carries the court caption (county, judicial district, petitioner, respondent and case number) and the date of the hearing at which the matter came before the court.
Under "FINDS AND ORDERS" the court checks the grounds that apply. The printed options are:
- the petitioner failed to appear and so failed to prosecute the case;
- the petitioner appeared and asked for dismissal;
- the respondent has not been served despite reasonable attempts;
- the allegations do not allege "domestic abuse" as defined in Section 40-13-2 NMSA 1978;
- the allegations involve child custody and divorce issues that belong in the proper court proceeding;
- the allegations do not involve a "household member" as defined in Section 40-13-2 NMSA 1978;
- another reason written on the "Other" line.
The court then checks whether the petition is denied and whether the cause of action is dismissed without prejudice or with prejudice. A recommendations section lets the person who reviewed the petition and held the hearing sign a recommendation, and the district judge adopts it with the closing order. According to the form's use note, it may be modified and used for dismissal of a petition upon motion of the respondent.
Who needs to file 4-974?
The form is used in New Mexico court cases that begin with a petition for an order of protection from domestic abuse. It is a court order, so the people who complete it are the court side of the case: the person who reviewed the petition and conducted the hearing completes the RECOMMENDATIONS block, signs and gives a title, and the district judge signs the order and enters the date and time approved.
Petitioners and respondents do not sign it. They are the parties named in the caption, and the form gives them one step of their own: a party who disagrees with the recommendations may, but is not required to, file written objections and a request for hearing with the district court.
The use note adds a second situation: the form may be modified and used to dismiss a petition upon motion of the respondent.
The New Mexico Courts forms library places protection-order forms under its Domestic Violence category, for people seeking, modifying, terminating or extending a Domestic Violence Restraining Order. Form 4-974 is for dismissal, not for requesting or granting protection.
When to file 4-974
The form is completed after the court has taken up the petition at a hearing: its opening line reads "This matter coming before the court on (date)", and the date of that hearing is entered there. The form prints no separate filing deadline for the order itself.
One time limit does appear on it. If the recommendations were prepared after notice and hearing and a party disagrees, that party may file written objections and a request for hearing on them with the district court within ten (10) days. A copy of the objections and the request must be served by mail on the other party.
The closing paragraph says the order stays in effect unless and until a district court judge modifies it or it expires. If objections are filed, the court may hold a hearing to resolve them (see 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.) at the top of the form.
Enter the hearing date
In the opening line, write the date on which the matter came before the court.
Check the grounds for dismissal
Under FINDS AND ORDERS, check each ground that applies, from the petitioner's failure to appear to the respondent not being served. If none fits, check Other and write the reason on the line.
Mark the disposition
Check whether the petition for order of protection from domestic abuse is denied, and whether the cause of action is dismissed without prejudice or with prejudice.
Complete the recommendations block
Under RECOMMENDATIONS, check each item that applies: reviewed the petition, reviewed the counter-petition, conducted hearings on the merits, or prepared the order as a recommendation to the district court judge.
Sign and add the court's telephone
The person making the recommendation signs, gives a title and enters the court's telephone number.
Add the district judge's order
The district judge signs below the adoption paragraph and enters the date and time approved.
Adapt for a respondent's motion
If the petition is dismissed upon motion of the respondent, the use note allows the form to be modified for that purpose.
Review and download the completed PDF
Check the caption, the boxes and the signature lines, then download or print the completed PDF from FillingPDF and file it as the court directs.
How to submit 4-974
Form 4-974 is an order of the court, so it goes into the case record through the district court that holds the petition. The form prints no mailing address, portal or e-filing instruction of its own; ask the clerk of that court about its filing method.
- Completed order: the person who prepared the recommendations signs and gives a title, and the district judge signs with the date and time approved. The form asks for the court's telephone number.
- Objections: a party who disagrees with the recommendations may 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.
FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Leaving the caption incomplete: county, judicial district, petitioner, respondent and case number all appear above the title.
- Not entering the hearing date in the line "This matter coming before the court on (date)".
- Checking none of the grounds under "FINDS AND ORDERS", or checking "Other" without writing the reason on the line.
- Checking both "dismissed without prejudice" and "dismissed with prejudice", which are opposite outcomes.
- Leaving out the signature, title or court's telephone number in the recommendations block.
- Leaving the district judge's signature or the "Date and time approved" blank, since the order closes with "SO ORDERED."
- Telling a party that objections are required: the form says a party may, but is not required to, file them.
- Filing objections later than ten (10) days, or not serving a copy by mail on the other party.
Frequently asked questions
What is an order of dismissal in a New Mexico protection order case?
Form 4-974, Order of dismissal, is the court order that dismisses a petition for an order of protection from domestic abuse under the Family Violence Protection Act. It records the grounds the court found and whether the dismissal is with or without prejudice.
What reasons can the court check on Form 4-974?
The form lists: petitioner failed to appear, petitioner asked for dismissal, respondent not served despite reasonable attempts, no "domestic abuse" alleged, child custody and divorce issues, no "household member", or Other with a written reason.
Who signs Form 4-974?
The person who prepared the recommendations signs and gives a title, and the district judge signs the order and enters the date and time approved. Petitioner and respondent have no signature line on the form.
Can I object if I disagree with the recommendations?
Yes, but you are not required to. A party may 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. The court may hold a hearing on them.
Can Form 4-974 be used when the respondent asks for dismissal?
Yes. The form's use note says it may be modified and used for dismissal of a petition upon motion of the respondent.
How long does the order stay in effect?
The form says the order remains in effect unless and until a district court judge modifies it or it expires.
Can I fill out the order of dismissal online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not connected to the New Mexico Judicial Branch and does not file the order; the court receives it through its own channels.
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