Step 3: A judge or marital master will consider your petition. If temporary orders are not issued but a final hearing is scheduled, the plaintiff can request to withdraw the petition. After listening to both parties, the judge will need to decide if the facts presented support a finding of abuse under the law. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Steering Committee on Diversity and Inclusion, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Orders of Protection and Restraining Orders, What to Expect When Filing or Responding to a Petition for an Order of Protection from Domestic Violence or Stalking, What to Expect at a Final Domestic Violence or Stalking Order of Protection Hearing, Legal Guides about Domestic Violence and Stalking. If the court has issued a temporary order, a final hearing will be scheduled. Stat 173-B:1(I)2 N.H. Rev. You will have to empty your pockets into a container for examination along with anything else you brought. The judge may allow visitation either supervised, supervised with security or unsupervised. Write down what the defendant has done to you and when and why you are in immediate fear for your safety. Housing & Economic Justice - New Hampshire Coalition Against Domestic How do I withdraw or extend my protective order? If the petition is not withdrawn by the plaintiff, the next court event will be the final hearing. If you have questions about where to file for a protective order, contact your local police. [00:08:33.230] - Hon. Serving means that a police officer gives the defendant a copy of the petition and the order in person, along with notice of the date and the time of the final hearing on the petition. This means that the order of protection will determine visitation, not the parenting plan. The judge can also order that the defendant stay away from where the plaintiff works, resides, or goes to school, and that the defendant not threatened to use physical force against the plaintiff or the party's children or pets. Susan Carbon New Hampshire law defines "domestic violence"what acts and by whom. As noted earlier, the final hearing is normally scheduled within 30 days. The defendant may also be ordered to not damage or take any of the plaintiff's property and can also order that the plaintiffs have exclusive use of the car and or the residence. It is not a complete list of all statutes related to domestic violence in this state. For case specific information regarding New Hampshire's domestic violence laws contact a local criminal defense lawyer. Home Students Guide to New Hampshire Courts Family Law Family Law Family Matters Family Division cases include divorce, parenting issues, child support, all juvenile matters and domestic violence. (b) Parents and other persons related by consanguinity or affinity, other than minor children . There are 3 forms in this packet: Domestic Violence Petition, Defendant Information Sheet for Law Enforcement and Confidential Information Sheet. It is very important to fill out the forms as thoroughly as possible so that the judge can understand what has happened and be able to issue an order that will meet your needs and keep you safe. You will want to explain in detail on the form what has happened to bring you to file for restraining order. If the plaintiff does not withdraw the petition, then the petition will be given to the defendant by law enforcement. To obtain the amount of the filing fee, please contact our call center at 1-855-212-1234 or review our fee schedule online at courts.state.nh.us. For example, a teenager can get an order of protection against someone he or she has been dating in high school. Then, third, after listening to both sides, the judge may decide that there is not enough evidence of abuse as it is defined under our law and or there is a lack of credible threat to the plaintiff's safety. Advocates are permitted to sit with the plaintiff, but they are not sworn in and do not speak during the hearing. The attorney listings on this site are paid attorney advertising. A course of conduct is two or more acts. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Section: 173-B:21 Criteria for Selection of Direct Service Grantees. 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Steering Committee on Diversity and Inclusion, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Introduction and Acknowledgments & Contributor List, CHAPTER 2 DEFINITIONS OF DOMESTIC VIOLENCE AND PROTECTED PERSONS, CHAPTER 5 COMMENCEMENT OF PROCEEDINGS AND TEMPORARY RELIEF AVAILABLE, CHAPTER 6 SERVICE OF PROCESS AND THE DEFENDANTS ANSWER, CHAPTER 8 FAILURE TO PROSECUTE, DISMISSALS AND WITHDRAWALS, CHAPTER 9 MODIFICATION AND EXTENSION OF DOMESTIC VIOLENCE PROTECTIVE ORDERS, CHAPTER 10 VIOLATIONS OF PROTECTIVE ORDERS AND CONTEMPT, CHAPTER 12 BAIL CRIMINAL ORDERS OF PROTECTION, CHAPTER 14 FIREARMS AND OTHER DEADLY WEAPONS IN CIVIL PROTECTIVE ORDER CASES, CHAPTER 15 FULL FAITH AND CREDIT FOR DOMESTIC VIOLENCE PROTECTION ORDERS, CHAPTER 16 SUPERVISED VISITATION AND ACCESS SERVICES, CHAPTER 19 BATTERER INTERVENTION PROGRAMS, F. Distinctions Between Orders Issued Under RSA 173-B and Other Orders of Protection or Restraining Orders, F. Instructions to Plaintiff for Final Hearing, C. Amendments to the Plaintiffs Petition, R. Mutual Restraining Orders and Cross-Orders for Relief, A. [00:09:09.530] - Hon. Here is a brief listing of current Family Division courts where you may get a protective order. If that happens, the court will dismiss the case and no final order of protection will be issued. Please keep in mind that the defendant will receive a copy of everything you write down in the petition. [00:04:05.280] - Marge Malfitani Bring with you proof that service was made on the opposing party. If either of you have any documents, such as police reports or bills, that you want to give the court in support of your position, you must bring copies to give to the other party and to the court. You may use a justice or notary of your choice or one is available in the clerk's office if needed. Or the judge may prohibit contact until the judge can talk with the defendant in person. The plaintiff has a chance to ask questions after each witness, just like the defendant does. [00:01:43.490] - Hon. Once the form has been completed, the original complaint and two copies for each person you have named in the complaint is required to be submitted for filing along with your filing fee. A brief description of the difference between state laws and federal laws. New Hampshire Statutes - Table of Contents - New Hampshire General Court When you're done with that section, complete the rest of the form carefully, including which orders you're asking the judge to consider. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Susan Carbon If other instances of abuse occur in the future, a new petition may be filed. If none of the relationships that are necessary for a domestic violence order exist, but the plaintiff is still afraid, a stalking order of protection may be an option depending upon what has happened. Annually, the District Courts and Family Division are now hearing approximately 8,000 requests for domestic violence protective orders and stalking cases. If the judge dismisses the complaint filed on an ex parte basis, the case will close. [00:15:17.670] - Hon. A copy of any additional information that you write down will be given to the defendant. Susan Carbon If you need an order of protection during non-business hours, nights, weekends, or holidays, you may call your local police department to obtain an Emergency Order of Protection. New Hampshire Statutes - Table of Contents - New Hampshire General Court You will get a Notice of Appellate Rights with the order. You must include facts and dates that relate to the fear and the abuse that has occurred. It is against the law for your spouse, partner, family or household member to: In addition to getting protective orders, you can also ask the police to charge your abuser or stalker with one or more crimes. Domestic Violence Emergency (DOVE) Project Call DOVE : 1-866-644-3574 for free legal help in court to get a court order to protect you from an abuser. The plaintiff will be directed to go to the clerks counter to wait for the order. In addition, adult protection law identifies self-neglect as a form of abuse in situations where adults cannot or do not care appropriately for themselves. 2014 New Hampshire Revised Statutes - Justia Law If you, as the plaintiff are in fear for your safety or you would like help in applying for an order of protection, there are local crisis centers that may be able to provide support and assistance, either before you come to court on the day you come to court to fill out the paperwork or both. Susan Carbon Section: 631:3-a Conduct Involving Laser Pointing Devices. A person commits the crime of domestic violence by using or threatening physical force or violence against a family or household member or intimate partner to: When acts involve threats, the prosecutor must typically prove that the victim reasonably believed the defendant could carry out their threats. The Complaint for Restraining Order form may be found on the Judicial Branch website, or you may obtain a copy of the form from the Superior Court Clerk's Office. State Gun Laws If you are a victim of domestic violence, it may be illegal for the abuser to buy or have a gun. Examples of factors that the judge will consider include whether the children or plaintiff will be at risk for physical or mental harm as a result of the visitation with the defendant, whether the defendant and children can use supervised visitation at a visitation center, and whether visitation can occur without the plaintiff and defendant having contact with each other. What I'm showing you now is the actual domestic violence petition. [00:02:24.300] - Marge Malfitani Susan Carbon The judge will need to hear what has happened from the plaintiff and any witnesses who the plaintiff may call to provide additional evidence. I have a final protective order from New Hampshire. [00:13:32.250] - Hon. Susan Carbon If the plaintiff has safety concerns about attending the hearing in person. It prohibits you from contacting the plaintiff and has other orders you must follow. There's a lot of bad behavior that may happen, but if it is not included in our state definition of abuse for purposes of granting a protection order, such as using profanity or insulting the plaintiff, then the judge will not be able to issue an order. Stat 173-B:5(III). NH Domestic Violence Laws. Frequently Asked Questions Involving Courts and COVID-19, Workplace Restraining Orders (Filed by Employers), Protective Orders (due to domestic violence). Susan Carbon You may have a right to sue an abuser for medical costs, lost wages, and to recover your property. Intimate partners include persons who are or were involved romantically. A filing fee is required to be paid upon the filing of the completed form. If you want an earlier hearing date, you should go to the court to file a written request that would be scheduled more quickly. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Susan Carbon Section 631:2-b Domestic Violence. - New Hampshire General Court Does it cost anything to register my protective order? Victims of domestic violence or abuse can ask the court to issue a protective order that directs the defendant: A knowing violation of the protective order is a class A misdemeanor. When a plaintiff files for domestic violence or stalking order of protection, he or she will usually file in the family or the district division of the circuit court where either the plaintiff or the defendant lives. If the plaintiff has any witnesses, they will testify next. You can also check out our Resources for Victims of Crime. [00:01:28.820] - Marge Malfitani Domestic Violence | New Hampshire Judicial Branch Statistics and Research - New Hampshire Coalition Against Domestic and "If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in . Later in the process, you may be able to ask the court for them to be returned. Stat. 631:2-b Domestic Violence | WomensLaw.org

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