New Hampshire Family Law on Domestic Violence

Family law in New Hampshire addresses many concerns associated with divorce, separation, and families in crisis. Perhaps none are as important and heartbreaking as those involving domestic violence. This specific subset of abuse can tear families apart.

The state of New Hampshire has safeguards in place to try to break the vicious cycle of abuse, intimidation, and violence common in households experiencing domestic violence. This includes information on how victims can seek assistance and end the abuse.

To stop domestic violence from recurring, it's important to understand what it is, the warning signs to look for, and the protections available in New Hampshire. You have questions. We've gathered answers. Read on for a better understanding of how to deal with acts of domestic violence.

What does New Hampshire consider to be domestic violence?

Under New Hampshire family law, conduct becomes domestic violence abuse when a person commits certain criminal act(s) against a person who is in a qualified relationship with them under the law. Both elements must be present for a criminal act to be domestic violence.

Domestic violence classification attaches itself to qualifying charges. For example, if an act of sexual assault happens between two former spouses, the charge may be filed as "sexual assault - domestic violence." This classification is important because it makes domestic abuse protections available for the victim and can increase penalties against the abuser.

A survivor of domestic abuse may or may not file a request for criminal charges. The process to seek a protective order in family court does not require that.

What relationships qualify a crime to be domestic violence?

A crime between two strangers is never considered to be domestic violence. It's still an offense that faces prosecution, but certain familial ties are required for a domestic abuse label. Abuse and betrayal from someone a victim trusts makes domestic violence even more heinous.

Those who can commit or be a victim of domestic violence in New Hampshire must be family members or household members. These fall into one of the following groups:

• Family through consanguinity (blood relations such as siblings, parents, grandparents, etc.) who reside in the same household
• Family through marriage affinity (in-laws with a blood relation, such as a spouse's sibling) who reside in the same household
• Current spouses, sexual partners, or intimate/romantic partners (sexual relations not necessary)
• Former spouses, sexual partners, or intimate/romantic partners (sexual relations not necessary)
• Persons who cohabitate or have cohabitated in the past
• Parents of a child together

Courts will make case-by-case decisions on whether or not romantic or intimate partners meet the requirements for a qualifying relationship. Remember, the lack of a domestic violence charge doesn't make stalking or any other crime any less of an actionable charge.

What criminal acts are considered domestic violence in New Hampshire?

Almost all acts of domestic violence can be traced to two things: power and control. Abusers will seek to maintain control over their victims through a combination of abuse, threats, intimidation, isolation, and violence.

New Hampshire specifies several categories of criminal offenses as eligible to be considered domestic violence. These are:

• Assault - domestic violence
• Criminal threatening
• Sexual assault
• Interference with freedom
• Destruction of property
• Unauthorized entries
• Harassment
• Cruelty to animals

If someone considered a family or household member commits a crime from one of the sections above, it's a domestic violence offense. Depending on the situation, safekeeping from specific crimes can be listed on orders of protection.

Things are starting to get bad here. Should I run?

First and foremost, if you feel like you're in danger of imminent physical abuse or bodily harm, call 911. Law enforcement can separate you from your abuser and help you get temporary protection, no matter what time of day it is.

Every domestic violence situation is different, so no single method is going to be the answer for everyone. If possible, try to put together a safety plan with the information you'll need and other options listed if things go sideways.

Help can be found with the New Hampshire Coalition Against Domestic and Sexual Violence and the National Domestic Violence Hotline (800.799.7233). New Hampshire courts can also provide you with information on legal aid and orders of protection.

I'm afraid my abuser is going to come after me again. What can I do?

The primary tool in stopping domestic violence abusers from continuing to terrorize their victims is an order of protection. These restraining orders come in a couple of different names. All are designed to offer relief by not only keeping the abuser away but also imposing conditions that can allow victims to rebuild their lives. If you're not sure if you qualify, the state of New Hampshire has a checklist.

If you need immediate protection at a time when New Hampshire courts aren't available, call law enforcement to make a report and seek an emergency ex parte order of protection. Involving law enforcement can lead to the arrest of your abuser and an immediate order for no contact. At the very least, it can get them away from you for a short period of time.

Emergency ex parte orders of protection are temporary and last until the end of the next business day. To keep protections in place, you need to go to your circuit court and file for a temporary ex parte order of protection. The district division and the family division of the circuit court both have the authority to issue these orders. If approved by the court, this temporary order will be in effect until your case hearing.

If your abuser objects to the order, your case hearing will be within either 30 days after your filing or 10 days after they respond. At the case hearing, both parties tell their side of the story. You can present evidence and call witnesses to testify under oath. As the plaintiff, you must prove to the court that your abuser committed a domestic violence offense and poses a credible threat to your safety.

An action for a protective order is a civil matter. Thus, the burden of proof is a preponderance of the evidence. This standard is less than the criminal conviction standard of proof beyond a reasonable doubt.

If the court finds you proved your case, it will issue a final protective order. A protection order can last up to one year. It can be extended multiple times after that if the threat continues.

What sort of protections do the orders carry?

The types of protection imposed depend on the situation. Conditions of the order can range from banning your abuser from having any contact with you to forcing them to vacate a shared residence and not return. If children are involved, temporary custody, child support, and visitation rights can be dictated by the order of protection.

Any protective order in New Hampshire can demand the surrender of all firearms owned or possessed by the abuser. This ban often stays in place for the duration of the order.

For more information on the restrictions obtainable from domestic violence orders of protection, take a look at FindLaw's New Hampshire Domestic Violence Laws article. Information about different types of orders of protection can also be found in the New Hampshire Protective Orders Law article.

What happens if my abuser violates an order of protection?

A protective order is an important step you can take to prevent future violence. It's important to remember that it's a piece of paper, and you cannot control whether your abuser will comply with it.

When violations occur, the state of New Hampshire has a zero-tolerance policy. If your abuser violates an order of protection, call law enforcement. The responding officer doesn't need to witness the violation to arrest your abuser and request that the court hold them until an arraignment.

Penalties for order violations aren't forgiving. A first offense is a class A misdemeanor unless a deadly weapon is involved, in which case it becomes a class B felony. Any other violation within six years of the conviction can enhance the charge to a higher level. For example, a class A misdemeanor will be charged as a class B felony.

Will an order of protection against my abuser affect our custody battle?

Abuse that requires an order of protection will figure into any child custody or divorce proceedings. New Hampshire courts put the best interests of the child above all else. Divorce laws in New Hampshire cite extreme cruelty or injuring health as cause for divorce, so domestic abuse charges carry some sway.

I'm moving to a different part of the state. Does my order of protection stay in effect?

A New Hampshire order of protection is good anywhere in the state. In fact, it's valid in any part of the United States and tribal lands. This is due to provisions from the Violence Against Women Act (VAWA), which offers protections under federal law.

You can keep your new residence hidden through the New Hampshire Address Confidentiality Program (ACP). Also available for victims of sexual assault and stalking, the ACP provides a second legal mailing address for anything of public record, such as a driver's license or voting registration.

If you need to flee a rental property, House Bill 261 (HB 261) makes it easier to accomplish. Passed in 2024 and effective as of 1/1/2025, HB 261 allows a victim of domestic violence to break a residential lease without penalty. The landlord can request proof through court documents. The tenant must give 3o days' notice and pay rent for that period.

New Hampshire Family Law on Domestic Violence: Summary

The information you've learned is recapped in the table below, along with an expanded list of qualifying domestic violence crimes and links to New Hampshire domestic abuse statutes.

Note: State laws in New Hampshire change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult a New Hampshire domestic violence attorney or conduct your own legal research to verify any New Hampshire state law(s) you are reviewing.

New Hampshire Family Law on Domestic Violence: Additional Resources

• New Hampshire Coalition Against Domestic and Sexual Violence
• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence: Protective Orders
• Domestic Violence Basics

Domestic Violence and Family Law in New Hampshire

There are no winners when it comes to domestic violence cases. New Hampshire law offers protections to victims of domestic abuse. If you're in danger of physical violence, financial control, or any other type of abuse, consider speaking with a New Hampshire family law lawyer.

If you find yourself facing domestic violence charges or a request for a protection order, take it seriously. Contacting the person who filed the complaint may be a crime itself. A New Hampshire criminal defense attorney might be your best option. They can examine your case and offer legal advice for finding the best way to move forward.