New Hampshire Protective Orders Laws

For victims of domestic violence and stalking, help in thwarting their abuser is essential. New Hampshire offers relief through protective orders. Also referred to as restraining orders, these orders of protection focus on keeping abusers away from their victims. In some instances, they can decide on issues such as temporary custody of minor children, prohibiting the possession of firearms, and more.

While not foolproof, New Hampshire protective orders can prove quite effective. This guide will discuss the types of orders available, show what they can do, and explain how to apply for the one you need. Read on for a better understanding of restraining orders in New Hampshire.

New Hampshire Protective Orders – Types of Orders Available

The two protective orders offered by New Hampshire are almost identical in the way they function. Both provide relief through provisions tailored to each victim’s needs. All orders include no contact and stay-away conditions for the abuser. Let’s take a look at what each order consists of.

New Hampshire Domestic Violence Protective Order

Domestic violence occurs when certain abusive acts occur between people who are household members, family members, or intimate partners. These crimes of power and control are committed by an abuser to dominate their victim. By keeping the abuser and the victim apart, protective orders attempt to break the toxic cycle of violence and abuse.

Domestic violence can’t occur between strangers. People and relationships that New Hampshire considers family members, household members, and intimate partners are the following:

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

Having qualifying participants doesn’t ensure that a crime is considered domestic violence. Those involved must have an offense from the following list committed between them:

• Assault or reckless conduct
• Sexual assault
• Interference with freedom
• Destruction of property
• Criminal threatening
• Unauthorized entry
• Harassment
• Cruelty to animals

A husband’s kidnapping of his wife’s sister would receive a domestic violence classification. Someone punching a coworker is assault, but not domestic violence because there’s no close, personal relationship. It’s still a crime subject to prosecution.

New Hampshire Stalking Protective Orders

For many, stalking invokes images of a menacing, shadowy figure following a frightened victim. That’s part of the definition, but not all of it. Under New Hampshire law, stalking encompasses a course of conduct that involves committing multiple acts of any of these offenses:

• Threatening the safety of the victim or an immediate family member
• Following, approaching, or confronting a victim or a member of the victim’s immediate family
• Appearing close to or entering the victim’s residence, place of employment, school, or other location
• Appearing close to or entering the residence, place of employment, or school of a member of the victim’s immediate family
• Causing damage to the person’s residence or property
• Causing damage to the residence or property of a member of the victim’s immediate family
• Placing an object or having an object placed on the victim’s property
• Placing an object or having an object placed on the property of an immediate family member of the victim
• Causing injury to a victim’s pet
• Causing injury to a pet belonging to a member of the victim’s immediate family
• Any act of communication (repeated harassment)

There’s no relationship requirement for a victim to get a stalking protective order. If stalking occurs between people in a qualifying relationship, a conviction is classified as “stalking-domestic violence.”

New Hampshire Protective Orders – Protections

Restraining orders in New Hampshire offer specific provisions for each case. In trying to balance the needs of the victim with the rights of the abuser, each protective order can have a different makeup. While there’s overlap between the two, domestic violence protection orders tend to have more provisions than stalking orders due to the personal relationship involved.

Stay-away and no-contact orders are standard for both protective orders. Other possible provisions include, but aren’t limited to, the following:

• Forbidding the defendant (abuser/stalker) from acts of abuse or stalking the plaintiff (victim), their relatives, or household members
• Forbidding the defendant from entering the plaintiff’s residence (unless accompanied by a peace officer to retrieve personal property at an approved time)
• Forbidding the defendant from contacting the plaintiff or entering the plaintiff’s place of employment, school, or other specified location
• Forbidding the defendant from taking, converting, or damaging the property of the plaintiff
• Ordering the defendant to surrender all deadly weapons specified in the protective order
• Awarding the petitioner exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, defendant, or a minor child in either household
• Ordering the defendant to stay away from animals awarded to the plaintiff
• Awarding the plaintiff a shared residence (unless the defendant owns or leases and pays for the premises and has no legal duty to support the plaintiff or minor children on the premises)
• Forbidding the defendant from withholding items of the plaintiff’s personal property specified by the court
• Awarding the plaintiff the possession and exclusive use of the household furniture, furnishings, or a specific automobile (unless the defendant owns such personal property and has no legal duty to support the plaintiff or minor children)
• Ordering the defendant to make automobile, insurance, health care, utilities, rent, or mortgage payments
• Awarding temporary custody of minor children to either party
• Establishing visitation rights with the parties’ minor children, which may include orders denying visitation, requiring supervised visitation, and other conditions
• Ordering the defendant to pay financial support to the plaintiff or minor children (unless the defendant has no legal duty to support the plaintiff or minor children)
• Ordering the abuser to engage in a batterer‘s intervention program or personal counseling
• Ordering the defendant to pay the plaintiff monetary compensation for losses suffered as a direct result of the abuse, which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses
• Ordering the defendant to pay reasonable attorney’s fees

A protective order can contain all, some, or none of the provisions listed. A stalking order between people without a personal relationship won’t contain conditions regarding child custody. Under federal law, all restraining orders issued in New Hampshire are enforceable anywhere in the U.S., including territories and tribal reservations.

New Hampshire Protective Orders – Getting an Order

Whether for stalking or domestic violence, petitioning for a protective order in New Hampshire follows the same procedure. There are three different durations available. If you’re in immediate danger of abuse and the courts are closed, you can find relief through an emergency temporary ex parte protective order (EPO).

An EPO is obtained through law enforcement. A peace officer responding to a crime can call a judge, or the victim can request one at a police department. If approved by the circuit court judge, the EPO is in effect until the end of the next court business day. This provides the victim with basic protection until they can file a petition.

Victims (plaintiffs) can file in any county circuit court between 8 a.m. and 4 p.m. during a court business day. Forms are available online and at the court clerk’s office. Make sure you use the correct forms for your particular protective order:

• Domestic violence protective order form packet
• Stalking protective order form packet

It’s possible to file via email with the assistance of a crisis center advocate. You can find one through the New Hampshire Coalition Against Domestic Violence by calling 866.644.3574 or using their advocate locator.

Crisis center advocates can assist you in finding shelter, filling out petitions and affidavits, and accompanying you to the police station and court. Email petitions must be filed between 8 a.m. and 3 p.m. on court business days.

When filling out the forms, provide as many details about the abuse you’ve suffered. This isn’t a pleasant thing to do, but as the plaintiff, you must convince the court of the danger your abuser presents. You can file them in your county circuit court‘s district division or the judicial branch family division. There’s no fee for filing for a protective order.

The clerk takes the petition to a judge, who may have further questions for you. If the court agrees that the defendant (abuser/stalker) poses a present threat of abuse, a temporary ex parte protective order (TPO) is issued. Ex parte means the court doesn’t speak with the defendant before issuing the order. If the court doesn’t grant a TPO, you can try for a permanent order at a court hearing.

If a TPO is issued, law enforcement will serve a copy of the order to the defendant. The temporary order lasts either 30 days or until a full court hearing. If the defendant opposes the order, they can request an expedited hearing or expect one within 10 days of service. All provisions in the order are enforceable after the defendant is served.

At the final hearing, both parties can call witnesses, present evidence, and give their side of the story. The burden of proof is with the plaintiff to show that the defendant is an ongoing danger to their well-being. If the court agrees, a final protective order (FPO) is issued. It lasts up to one year. It’s renewable for another year and then for five-year periods after that. A hearing is required for extensions.

New Hampshire Protective Orders – Violations and Penalties

People protected by New Hampshire restraining orders need to call law enforcement when their abusers violate or make a credible threat to violate any of the provisions. A protective order is most effective when the abuser fears the repercussions of their offenses. Police can arrest a violator with either a finding of abuse or probable cause.

Violations of New Hampshire restraining orders are considered criminal contempt of court. In addition to sentences for any crimes committed during the violation, the following penalties apply:

Stalking:

• Violation (class A misdemeanor): Up to one year of jail time and a fine of up to $2,000
• Additional violation or a prior stalking conviction in any state within seven years (class B felony): Between one to seven years in state prison and a fine of up to $4,000

Domestic violence:

• Violation (class A misdemeanor): Up to one year of jail time and a fine of up to $2,000
• Additional violation of any protective order within six years: Each offense is enhanced by one level (for example, a class A misdemeanor becomes a class B felony)
• Law enforcement will seize all firearms and ammunition of the offender

All convictions for stalking-domestic violence crimes are subject to a $50 fine.

New Hampshire Protective Order Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• New Hampshire Coalition Against Domestic and Sexual Violence
• New Hampshire Stalking Laws
• Domestic Violence FAQ
• New Hampshire Court Locator

Need Assistance With a Protective Order? Talk With an Attorney

Protective orders can help victims escape their abusers. With something this important, consider speaking with a New Hampshire domestic violence attorney for help. They can help you achieve an abuse-free life.

If you’ve violated a New Hampshire protective order, you’re going to need a legal expert on your side. A criminal defense attorney familiar with New Hampshire‘s RSA 173-B section of the law will examine your criminal case and help you in court.