NEW HAMPSHIRE : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
According to New Hampshire law, "domestic violence" happens when a family or household member, or current or former sexual or intimate partner does one of these things - or tries to do one of these things - to you:
You are eligible to file for a protective order if you have experienced acts of domestic violence committed by:
Note: Same-sex partners are eligible to file for a protective order.
Minors can petition the court for protective orders against someone they are currently or were formerly involved with in a romantic relationship. Parents cannot file for a protective order on their children's behalf
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Emergency protective orders
If you are in immediate danger of domestic violence and the court is closed, you may get an emergency order by going to or calling the nearest police department. A police officer can help you fill out the forms and contact a judge by telephone. The judge may give you an emergency order over the phone if s/he believes you are in imminent danger. If you get an order over the phone, it will only be good until the close of the next day that the court is open. For the protection to remain in effect, you must go to the nearest district, family, or superior court before the close of the next business day to request a protective order that will last longer.
Temporary protective orders
When you go to court to file for a protective order, you can also ask for a "temporary protective order". If you can show the judge that you are in immediate physical danger from your abuser and you are in fear of your immediate safety, the judge may grant you a temporary protective order to protect you until you have a full hearing on the protective order. If the court issues a temporary order, the abuser has a right to ask for a hearing within three to five days. You must attend that hearing. That hearing may count as your full hearing for a final protective order.
Final protective orders
A final protective order can be issued only after a court hearing where you and the abuser both tell your sides of the story to a judge. Your hearing will take place within 30 days of your filing your petition or within 10 days of the abuser being served with the notice of hearing, whichever is later. You must attend that hearing. A final order will last up to one year, unless otherwise stated. Orders may also be extended.
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In a final order, a judge may order your abuser:
A judge may also:
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Protective orders can be obtained for free.
A local domestic violence advocate can assist you in obtaining a Protective Order and accompany you to the Final Hearing. Please call toll free 1-800-277-5570 to contact an advocate.
You don't need a lawyer, but in some cases it may be to your advantage to seek legal counsel. If you cannot afford a lawyer, DOVE is a NH program that links volunteer attorneys with clients who need representation for final protective order hearings. To receive help through DOVE, contact your local domestic violence support center. If your case meets program guidelines, an advocate will attempt to match you with a volunteer attorney who will represent you, free of charge, for your final protective order hearing.
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Call the police, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. Contempt of court is when someone breaks a court order. A judge can punish someone for being in contempt of court. If the police have good cause to believe that you have been assaulted within the past 12 hours by the abuser, they may immediately arrest the abuser.
If the abuser violates a protective order by committing criminal trespass, stalking or another criminal act, the police must arrest and prosecute him. In addition, you may take the abuser back to court on a charge of contempt. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
If the police do not arrest your abuser, you may file a criminal complaint yourself or a petition for contempt. You can call your local police department or district court to obtain a complaint or petition for contempt form. Because most people are released from custody soon after their arrest, do not expect the abuser to be confined to jail until the trial. You may request as a bail condition that the abuser stay away from you.
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