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§ 30-3-16 NMSAPetty Misdemeanor (first offense); Misdemeanor (second offense); Fourth Degree Felony (third or subsequent offense) Violent

Battery Against A Household Member

Legal Definition

A person commits battery against a household member when they unlawfully touch or apply force to a household member in a rude, insolent, or angry manner. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or person with whom the defendant has had a continuing personal relationship. The offense does not require injury, only intentional harmful or offensive contact.

Possible Punishment

First offense: up to 6 months in county jail and a fine up to $500. Second offense: up to 364 days in county jail and a fine up to $1,000. Third or subsequent offense: basic sentence of 18 months imprisonment and a fine up to $5,000. Courts may impose mandatory domestic violence treatment, batterer intervention programs, and protective orders. Subsequent offenses are determined by prior convictions within seven years.

Local Context

This statute specifically addresses domestic violence situations and carries escalating penalties based on prior convictions. The definition of household member is broad and includes current and former intimate partners and family relationships. Courts routinely impose conditions such as no-contact orders, substance abuse evaluation, and completion of domestic violence offender programs.

Violent-Crime Cases in Doña Ana County

Violent charges are where New Mexico's pretrial system shows its teeth. For serious felony cases (aggravated battery, armed robbery, homicide), the District Attorney frequently files a pretrial detention motion asking the Third Judicial District Court to hold the defendant with no possibility of release. That is why some people in our booking feed are released within a day while others charged under the same statute stay in custody until trial.

Many bookings in this category involve household members, which triggers additional consequences: no-contact release conditions, orders of protection, and, after a qualifying conviction, a federal firearm prohibition. Charges listed at booking are the arresting officer's charges; the DA decides what is actually filed, and amendments are common in violent-crime cases as evidence develops.

Related Guides

Recent Arrests for This Charge (30)

DYLAN BAGLEY mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 29, Booked on Suspicion of Battery Against a Household Member

DYLAN BAGLEY | 1 charge

4h ago
JUAN REYNA HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Hatch Man, 47, Booked on Multiple Battery Against a Household Member Charges

JUAN REYNA HERNANDEZ | 2 charges

1d ago
JACOB PARRA mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 34, Booked on Felony Aggravated Battery with a Deadly Weapon

JACOB PARRA | 6 charges

2d ago
BERNARDO HERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 25, Booked on Suspicion of Battery Against a Household Member

BERNARDO HERNANDEZ | 1 charge

2d ago
ANTONIO ALANIZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 41, Booked on Battery Against a Household Member Charge

ANTONIO ALANIZ | 1 charge

4d ago
OLIVIA ROMERO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 59, Booked on Suspicion of Battery Against a Household Member

OLIVIA ROMERO | 1 charge

4d ago
STEPHEN SOTO mugshot - Las Cruces arrest, Doña Ana County

Deming Man, 55, Booked on Domestic Battery and Property Damage Charges

STEPHEN SOTO | 2 charges

4d ago
ADAN QUINTERO mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Man, 41, Faces Felony Charges Including False Imprisonment

ADAN QUINTERO | 6 charges

7d ago
CLAUDIA GOMEZ mugshot - Las Cruces arrest, Doña Ana County

Anthony Woman, 46, Booked on Battery Against a Household Member Charge

CLAUDIA GOMEZ | 1 charge

7d ago
CHEYENNE CONTRERAS ZUNIGA mugshot - Las Cruces arrest, Doña Ana County
FEL

Mesilla Woman, 33, Booked on Battery Against a Household Member Charge

CHEYENNE CONTRERAS ZUNIGA | 3 charges

7d ago
ARTURO CHAVEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 47, Booked on Battery Against a Household Member Charge

ARTURO CHAVEZ | 3 charges

8d ago
JAMES MILLER mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 43, Booked on Battery Against a Household Member Charge

JAMES MILLER | 1 charge

8d ago
DOMINIC TELLES mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 28, Booked on Battery Against a Household Member Charge

DOMINIC TELLES | 1 charge

8d ago
JONATHAN AYALA mugshot - Las Cruces arrest, Doña Ana County

El Paso Man, 23, Booked in Doña Ana County on Household Battery Charge

JONATHAN AYALA | 1 charge

11d ago
ISSAC OLIVAS mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 19, Booked on Suspicion of Battery Against a Household Member

ISSAC OLIVAS | 1 charge

11d ago
IRENE SAENZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 46, Booked on Battery Against a Household Member Charge

IRENE SAENZ | 2 charges

11d ago
NATASHA MUNOZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 37, Booked on Battery Against a Household Member Charge

NATASHA MUNOZ | 1 charge

12d ago
LORENZO MARTINEZ mugshot - Las Cruces arrest, Doña Ana County
FEL

Hatch Man, 34, Booked on Battery Against a Household Member Charge

LORENZO MARTINEZ | 2 charges

13d ago
JESUS MARTINEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 18, Booked on Household Battery Charge in Doña Ana County

JESUS MARTINEZ | 1 charge

13d ago
PATRICK JASSO mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 27, Booked on Battery and Failure to Appear Charges

PATRICK JASSO | 2 charges

13d ago
EDUARDO FERNANDEZ mugshot - Las Cruces arrest, Doña Ana County

Sunland Park Man, 30, Booked on Battery Against a Household Member Charge

EDUARDO FERNANDEZ | 1 charge

13d ago
MONIQUE FLORES mugshot - Las Cruces arrest, Doña Ana County
FEL

Las Cruces Woman, 38, Booked on Battery Against a Household Member Charge

MONIQUE FLORES | 2 charges

14d ago
ARMANDO MARRUFO mugshot - Las Cruces arrest, Doña Ana County

Tularosa Man, 45, Booked on Domestic Battery and Property Damage Charges

ARMANDO MARRUFO | 4 charges

14d ago
RUSLAN AMADOR mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 18, Booked on Household Assault and Battery Charges

RUSLAN AMADOR | 2 charges

15d ago
ANGEL LUCERO mugshot - Las Cruces arrest, Doña Ana County

Sunland Park Man, 23, Booked on Suspicion of Battery Against a Household Member

ANGEL LUCERO | 1 charge

15d ago
ALLY MOORE mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Woman, 29, Booked on Suspicion of Battery Against a Household Member

ALLY MOORE | 1 charge

15d ago
ELIAS SILVA mugshot - Las Cruces arrest, Doña Ana County

Anthony Man, 29, Booked on Battery Against a Household Member Charge

ELIAS SILVA | 1 charge

15d ago
CHEYENNE CONTRERAS ZUNIGA mugshot - Las Cruces arrest, Doña Ana County

Mesilla Woman, 33, Booked on Suspicion of Battery Against a Household Member

CHEYENNE CONTRERAS ZUNIGA | 2 charges

16d ago
CESAR GONSALEZ mugshot - Las Cruces arrest, Doña Ana County

Las Cruces Man, 39, Booked on Suspicion of Battery Against a Household Member

CESAR GONSALEZ | 1 charge

17d ago
PEDRO BARRAZA mugshot - Las Cruces arrest, Doña Ana County
FEL

Anthony, Texas Man, 33, Booked on Felony Domestic Battery Charges

PEDRO BARRAZA | 4 charges

17d ago

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.