New Mexico § 31-1-7 - Arrest without warrant; liability
Full text of New Mexico New Mexico Statutes Annotated § 31-1-7 — Arrest without warrant; liability, with citation guidance and answers to common questions.
§ 31-1-7. Arrest without warrant; liability
A. Notwithstanding the provisions of any other law to the contrary, a peace officer
may arrest a person and take that person into custody without a warrant when the officer
is at the scene of a domestic disturbance and has probable cause to believe that the
person has committed an assault or a battery upon a household member. As used in this section, “household member” means a spouse, former spouse, family
member, including a relative, parent, present or former step-parent, present or former
in-law, child or co-parent of a child, or a person with whom the victim has had a
continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this
section. B. No peace officer shall be held criminally or civilly liable for making an arrest
pursuant to this section, provided he acts in good faith and without malice. C. Whether or not an arrest is made pursuant to this section, a peace officer may
remain with the victim and assist the victim in getting to a shelter or receiving
proper medical attention.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 31-1-7
What does New Mexico Statutes Annotated § 31-1-7 cover?
Section 31-1-7 ("Arrest without warrant; liability") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 31-1-7?
A common citation format is "New Mexico Statutes Annotated § 31-1-7" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 31-1-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.