A state district judge Thursday ordered an Alamogordo man to immediately take down a billboard that implies his ex-girlfriend had an abortion.

State District Judge James Counts issued the ruling as part of protective order the woman sought after Greg Fultz, 35, took out the sign on the city's main thoroughfare in mid-May.

The billboard shows Fultz holding the outline of an infant. The text reads, "This Would Have Been A Picture Of My 2-Month Old Baby If The Mother Had Decided To Not KILL Our Child!"

Fultz's ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official had recommended the billboard be removed.

But Fultz's attorney said his client is adamant about protecting his free speech rights and will appeal.

"He said he is prepared to go to jail for this," attorney Todd Holmes said.

"His position is that this billboard is not really about her. It's about his statement of fathers' rights."

It was unclear if the woman had an abortion or a miscarriage.

Her attorney, Ellen Jessen, said earlier this month that she has not discussed the pregnancy with her client because that was not the point. The central issue is her client's privacy and the fact that the billboard has caused severe emotional distress, she said.

Jessen didn't immediately respond Thursday to a call and email seeking comment.