State v. McGee, 135 N.M. 73 (2003)

A protective order prohibiting domestic violence involving McGee and his estranged wife was filed on July 1, 1999, under the Family Violence Protection Act (“FVPA”). The order prohibited McGee from writing to, talking to, visiting, or contacting the wife. On February 16, 2000, McGee made six phone calls to his estranged wife from the Otero County Detention Center. Based on these facts, the trial court convicted McGee for six counts of violating the protective order and gave McGee six consecutive sentences. McGee appealed, arguing that the evidence was insufficient to support his conviction and the double jeopardy barred the six consecutive sentences. The Court of Appeals affirmed the judgment stating that the intent of an order of protection under the Family Violence Protection Act is that each individual act (i.e. each phone call in this case) constitutes a separate violation of the order.

Topics

• Domestic and intimate partner violence

Geographical location

• North America
• United States
• New Mexico

Keywords

• protection orders
• evidence
• double jeopardy

Year

• 2003

External URL

• State v. McGee, 135 N.M. 73 (2003)

Court

• New Mexico Court of Appeals

Type

• Domestic Case Law

Jurisdiction

• New Mexico