New Hampshire Domestic Violence Laws

Being a victim of any crime is bad enough, but it’s even worse when it’s committed by someone you should be able to trust. Domestic violence crimes can tear families apart, and sometimes the abuse can seem like it’ll never end.

New Hampshire law has protections in place to help victims of domestic abuse. It also has methods of deterrence to deny abusers opportunities to continue the vicious cycle of threats, violence, and abuse. This article will define what New Hampshire considers domestic violence, the guardrails the state has in place, and what happens when charges of abuse are exposed.

New Hampshire Domestic Violence Laws: How They Work

Not all crimes in New Hampshire between people who know each other are considered to be domestic violence. There are two elements required of a crime for it to be considered domestic abuse in the state of New Hampshire: the relationship between those involved and the type of crime committed. Let’s take a closer look at each aspect.

Domestic Violence in New Hampshire: Who Can Be Part of It?

New Hampshire law notes that those who can be caught up in domestic violence are family members, household members, and current or former sexual or intimate partners. That definition can feel a bit vague. Here’s a detailed list:

• Spouses or former spouses
• Those living together now or who have lived together in the past
• Parents of a child together
• Family through consanguinity (blood relations)
• Family through marriage affinity (in-laws with a blood connection to a spouse)
• Current or former sexual partners
• Current or former intimate/romantic partner (no sexual relations required)

An offense that doesn’t qualify as domestic violence due to those involved not belonging to one of the above categories is still a crime. The court may rule that you and another person didn’t have a relationship that could be considered intimate or romantic, but if they’re stalking you, they can be arrested and charged.

Domestic Violence in New Hampshire: Which Crimes Qualify?

No matter which types of abuse are involved, domestic violence crimes center around control and power. The abuser seeks to maintain control over the victim by means of threats, intimidation, violence, and many kinds of abuse.

New Hampshire identifies certain offenses as domestic violence. If the participants meet the state’s relationship criteria, any of the following can be charged as domestic violence crimes:

• Kidnapping
• Criminal restraint
• False imprisonment
• Arson
• Criminal Mischief
• Burglary
• Criminal Trespass
• Harassment
• Cruelty to animals
• First-degree assault and second-degree assault
• Assault – domestic violence
• Reckless conduct
• Criminal threatening
• Aggravated felonious sexual assault
• Felonious sexual assault
• Sexual assault

In many instances, the crimes will use a special classification if domestic abuse is involved. For example, a conviction for sexual assault that qualifies as domestic abuse is recorded as “sexual assault – domestic violence.”

Often overlooked, a charge of criminal threatening means that using intimidation and threats is a form of domestic violence. For example, promising physical assault for disobeying an abuser’s rule that causes the fear of imminent bodily injury is considered as much of a domestic violence crime as if the physical abuse happened.

In addition to any other charges, domestic violence is a class A misdemeanor. It becomes a class B felony if the abuser used or threatened the use of a deadly weapon. Each act of domestic violence is subject to a $50 fine, which cannot be reduced or suspended.

New Hampshire Domestic Violence Laws: Orders of Protection

It’s difficult to prevent initial instances of domestic violence from occurring, but the state of New Hampshire tries to give victims the means to keep it from happening again. In addition to criminal punishments, victims of domestic violence have access to specialized orders of protection.

New Hampshire offers three different types of protective orders for domestic violence victims. These restraining orders share many aspects, but each order is for a different situation. It’s essential to know which one you need, so let’s examine each one. Findlaw also offers an article just about New Hampshire protective orders.

Emergency Ex Parte Order of Protection

This is an immediate and temporary form of protection a victim can seek when the courts are closed. Victims contact their local law enforcement agency, which then contacts an on-call judge.

If issued, the emergency ex parte order of protection remains in effect until the end of the next business day. For further protection, the victim must submit a petition in a circuit court for either a temporary ex parte order of protection or a final order of protection.

Temporary Ex Parte Order of Protection

A temporary ex parte order of protection differs from an emergency order in how it’s acquired and how long it can last. Victims fill out a packet of forms in circuit court. If the order is approved, the alleged abuser is served. If they object to the claim, a case hearing will be set within 30 days from the plaintiff’s filing or 10 days after the defendant is served.

At the case hearing, both parties present their arguments. Each person can show evidence and call witnesses. If the court rules in favor of the victim, terms will be set for the final protective orders.

Final Protective Orders

A final protective order is the result of the court finding that the preponderance of the evidence indicates that domestic violence abuse occurred. An initial order is valid for up to one year, but subsequent petitions from the victim can extend it for another year and up to five years after that.

Protections Offered by Orders of Protection

In addition to length, there are differences in what conditions can be imposed by each order of protection. All domestic violence protective orders in New Hampshire can demand the following from the defendant:

• Surrender of all firearms
• No abuse of you, your relatives, or your household members
• No entering of your home or the surrounding area unless they are accompanied by a peace officer, have given you reasonable notice, or to retrieve personal belongings
• No contact with you or showing up at your work, school, or other specified locations
• No taking, damaging, or destroying of your property
• Acknowledging temporary custody orders as set by the state in the best interest of a child
• Abiding by visitation rulings, which may deny or order supervised visitation
• Staying away from any household animal
• Not causing the disconnection of any utilities and services to your home
• Granting you the exclusive use and possession of the home, an automobile, or household furniture
• Anything else the court deems necessary

Conditions can be modified to fit the situation. Anything listed above may be included in any final protective order. No two domestic violence cases will be the same, so the terms of orders of protection will differ as well.

Additional protections are available with a final protective order. These include:

• Ordering the defendant to pay:
  • Financial support to you and your minor children if they have a legal duty to do so
  • For losses suffered as a direct result of the abuse
  • For attorney’s fees
  • Child support
  • Insurance bills, mortgage payments, car payments, etc.
• Ordering the defendant to surrender your personal items
• Mandatory attendance by the abuser to a batterer’s intervention program or personal counseling

Provisions are tailored to meet the specifics of each case.

Violations of New Hampshire Orders of Protection

New Hampshire doesn’t tolerate violations of orders of protection. Law enforcement is instructed to arrest and detain anyone accused of violating an order. The officer does not have to witness the incident. The abuser will be held until their arraignment.

The first violation of a protective order is a class A misdemeanor. This becomes a class B felony for the use or the threatened use of a deadly weapon. Any subsequent violation within six years of the conviction will increase the punishment for the crime by one level. For example, a class A misdemeanor becomes a class B felony.

New Hampshire Domestic Violence Laws: Other Protections

New Hampshire residents have additional safeguards in place. Under federal law, the Violence Against Women Act (VAWA) ensures that New Hampshire orders of protection are enforceable in all US states and territories. VAWA also offers protections for federal housing.

The New Hampshire Address Confidentiality Program allows victims to keep a new address hidden from their abusers. They’re issued a second legal address, often a PO box, that’s used for all public records, such as driver’s licenses, taxes, and voting registration.

In 2024, House Bill 261 (HB 261) was passed to aid domestic violence victims in escaping further abuse. Taking effect on 1/1/2025, HB 261 allows victims to break lease agreements without penalty to flee their abuser. The landlord may request to see court documents.

New Hampshire Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• New Hampshire Coalition Against Domestic and Sexual Violence
• Domestic Violence Aid Organizations
• Domestic Violence FAQ
• New Hampshire Protective Orders Laws

Issues With Domestic Violence in New Hampshire? Speak With an Attorney

For victims of domestic violence, it can seem like an endless nightmare. If you’ve suffered physical violence, unwanted sexual contact, or any other type of domestic abuse, it’s time to seek help. For immediate danger, call 911. Consider speaking with a New Hampshire family law attorney for legal advice and guidance.

Facing criminal charges is no laughing matter. If they’re domestic violence charges, your entire future could be at stake. Reach out to a skilled New Hampshire criminal defense lawyer. They’ll examine the report of any criminal offense you’re charged with, explain your options, and represent you in any legal proceedings.