New Mexico Supreme Court
State v. Ramos
June 27, 2013
Summary
The Supreme Court held that a violation of an order of protection under the Family Violence Protection Act requires proof that the defendant knowingly violated the order, including knowledge of the order and the protected party's presence within the protected zone. Because the jury received only a general-intent instruction, which permitted conviction based merely on intentionally entering and remaining at the bar, the instructional error was reversible. The conviction was reversed and the case remanded for a new trial.