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    Domestic Violence It is against the law to cause bodily injury to another. It is also against the Law for your spouse/partner to:
All of these crimes are abuse. If any member of your household or your spouse, ex-spouse, partner or ex-partner, or someone you have dated or are dating has done any of these things to you, you may seek protection from the courts and police. You may request the courts to order the abuser (your attacker) to stay away from you and to stop abusing you. Separately, you may also ask the police to file criminal charges against this individual. Protective Restraining Orders New Hampshire has a law designed to protect any adult against domestic violence. That law is RSA 173-B. Minors may also petition the court for restraining orders against persons with whom they are currently or formerly involved (in a romantic relationship whether or not ever sexual consummated). You do not have to be married to or even have lived with the person who abused you to utilize this law. The law protects you from abuse by current or former, sexual or intimate partners, as well as past or present household or family members. You do not have to file for a divorce; you do not need a lawyer; and you do not have to pay any court costs or sheriff's fees. Emergency Orders If you can show that you are in immediate danger of being abused, a judge can give you emergency protection. The court may issue immediate orders directing the abuser not to abuse you and not to enter your residence, workplace or school. The court may also issue an emergency order granting you temporary custody of your children and ordering the abuser to turn over to a peace officer any firearms or other deadly weapons he/she could use to harm you. These orders may be issued the same day you file your papers. Copies of these emergency orders will be sent to your local police station and state police headquarters. These orders are in effect anywhere in New Hampshire. How to Get A Restraining Order 1) Go to a court that can properly help you. You may get restraining orders from the following courts:
If you move while the case is pending, you may ask the court to transfer the case to the court most convenient to your new home. Be sure that the court knows how to contact you. The court will hold your whereabouts in complete confidence. 2) Ask the clerk of the court for a Domestic Violence Petition. Simply write down (as clearly and in as much detail as possible) shat happened to you. You must include the date, the time, the location and the important facts about the abuse. You will have to swear that what you have written is true. If you ask for emergency orders, the clerk will take the papers to a judge. If you see the judge, just tell him/her simply and honestly what happened to you and why you are in danger. If the judge finds that you are in danger, he/she may immediately issue protective orders. You will get a copy of the order from the clerk of the court. 3) You may be asked to take your petition and your protective orders to the sheriff or to the police who will serve them on the abusive person. There is no charge for this service. You must tell the police or sheriff exactly where he/she can find the individual. If You Need A Protective Order And The Court Is Closed If you are in immediate danger of domestic abuse and no court is open, you may get a protective order by contacting the nearest police department. A police officer can help you fill out the proper form and reach a judge by telephone. When completing the form, use as much detail as possible, being specific about dates, times and incidences of abuse. The police officer will read the judge what you have written. If the judge feels you are in immediate danger, he/she can issue a protective order over the phone. This order will be served on your abuser. This Emergency Order will only be effective until the close of business on the next regular court business day. For the protection to remain in effect, you must go to the nearest district or superior court before the close of the next business day to ask for a new temporary order. Hearing On Your Petition A full hearing will be scheduled on your petition within 30 days of when you file it or within 10 days of the date the petition is served on your abuser, whichever is later. The abuser may also ask for a hearing within 5 days, if so, you must attend. You have the right to have a lawyer represent you at the hearing. It is a good idea to see a lawyer if you think custody or child support will be disputed, or if you have been severely injured or expect an injury to last a long time. If you cannot afford a lawyer, the Crisis Center in you county may be able to refer you to a lawyer who will handle your case pro bono (for free). You can find out which Crisis Center is nearest to you by calling 1-800-852-3388 At the hearing you will have to testify before the judge about what happened and why you want the restraining order. If you have a history of being abused by your attacker, or if he or she has abused any other member of your family, you should tell the judge. Also tell the Judge
Know that your abuser will probably be at the hearing and he/she or his/her attorney will have an opportunity to ask you questions. You should bring witnesses, medical records, police records, and other official documents for the judge to see. The judge will base a decision on all the facts presented. Emergency Shelter and Assistance If you and your children need to flee from danger, help is available. There are Crisis Centers in each county in New Hampshire that provide shelter for abused persons and their families. To get in touch with these groups you can call, free of charge, 1-800-852-3388, 24 hours a day. Crisis Centers are there to help you even if you have decided not to leave your relationship/abusive partner. They have advocates trained to aid you with shelter, counseling, to explain the legal procedure to you, and accompany you to court, the hospital or to get public assistance. These advocates are not lawyers. In certain circumstances they may be able to refer you to a lawyer through the Domestic Violence Emergency (DOVE) Project of the New Hampshire Bar Association, DOVE provides free legal representation to low-income individuals at final domestic violence hearings. Final Orders In addition to emergency protective orders, you may also ask the court to issue a final order: Continuing the protective orders; Granting you temporary custody of the children, ordering the abuser to pay child support for them and ordering the abuser to maintain coverage for the children and you on his/her health insurance policy (if legally responsible to do so); Granting you use of any jointly-owned property including your residence, household furniture and your car; Ordering the abuser to surrender any firearms or other deadly weapons he/she has access to or could use to harm you; Ordering the abuser to reimburse you for any out-of-pocket expenses resulting from the attack, such as hospital, doctor or dentist bills, lost wages, taxi fares or baby-sitting costs, moving or shelter expenses; Restraining the abuser from intimidating or threatening you, your relatives (whether or not they live with you) or your household members; Directing the abuser to attend Batterer’s Intervention, Anger Management or other counseling. The court may issue these orders after a hearing where you prove to a judge you have been abused. These orders are effective for one year unless otherwise stated. At the end of the year, you may go back to court and ask the judge to extend the protective orders if you still fear possible abuse. Violation of Orders Once a protective order is in effect against the abuser, it is a crime and contempt of court for the abuser to violate the order. If the abuser knowingly violates a protective order in any way, it is a crime and the police may prosecute. If the abuser violates a protective order by committing assault, criminal trespass, stalking or another criminal act, the police must arrest and prosecute him/her. In addition, you may take the abuser back to court on a charge of contempt. A contempt hearing must be held within 14 days, and if the abuser is found guilty, he/she may be fined or put in jail. Making Criminal Complaints In addition to getting a protective order, you may also ask the police to help you and to charge your abuser with a crime(s). If the police have good cause to believe that you have been assaulted within the past six hours by a current or former spouse/partner/date or that a restraining order has been issued, they may immediately arrest the abuser and file criminal charges against him/her. If it has been more than six hours, they must first get a warrant to arrest the abuser. Once a complaint is filed either at the court or the police department, your abuser will either be arrested or summoned to court. Most people are released from custody soon after their arrest, do not expect the abuser to be confined to jail before the trial. If you fear the abuser may retaliate upon his/her release, you may request a bail condition: for example, that the abuser stay away from you. If the defendant violates the bail order (e.g., the abuser does not stay away from you), the abuser may have to return to jail. In order to prosecute the abuser, you will be required to testify under oath in open court about what happened during the incident you complained about. If you have been threatened or abused at other times by this individual, be sure to tell the police or the prosecutor before trial about those additional incidents. Once you have completed a police statement, the police or the county may prosecute or bring charges against the abuser. This complaint is brought by the State of New Hampshire and you cannot withdraw it. You may be subpoenaed to testify. Stalking Is Against the Law In New Hampshire It is against the law for someone: To follow you around more than once, appear more than once at your home, work or other place where you are, intending to make you or a "reasonable person" afraid; To intimidate you by causing substantial emotional distress or threaten you with death or bodily injury; or To follow you around even once, or show up at your home, work or other place described in your order if you have a restraining order or bail order against him/her. If you think you are being stalked, call the police right away. The police can arrest the person who is stalking you if the officer believes it happened within the past six hours. If there is a protective order in place, the police must arrest him/her. The police can make an arrest even if they did not see the person follow, threaten or intimidate you. Effective January 1, 1998, a person who is being stalked can obtain a protective order under the same procedures and conditions as those issued for victims of domestic violence. You may petition for such a protective order in the district or superior court where either you or the person who is stalking you reside. New Hampshire Enforces Restraining Orders From Other States If you have a restraining order from another state, you can protect yourself by going to any district court in New Hampshire to file a copy of this order with the New Hampshire courts. The clerk will then make a copy of the order available to the police. Be sure to tell the police if you have a restraining order from another state if you call to report you have been abused, followed, threatened or intimidated. Your New Hampshire order should be enforceable in other states as well.
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