Conozca la Ley: New Hampshire
ACTUALIZADA 20 de julio, 2008
A Protective Order is a civil order that provides protection from abuse by a current or former intimate partner, family or household member.
- Basic Information
- Can I get a Protective Order?
- What are the steps for obtaining a protective order?
- After the Hearing
Basic Information
arribaWhat is the legal definition of domestic violence in New Hampshire?
This section defines domestic violence for the purposes of getting a protective order.
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:
- Assault
- "Reckless conduct" or doing things that place you in danger of serious physical harm
- Purposely puts you in fear of physical harm, through words or actions
- Sexual assault
- Interference with freedom, such as physically keeping you from leaving your home or kidnapping you
- Destruction of property
- Unauthorized entry, such as breaking into your home
- Harassment
If this does not describe what you are experiencing, you may also want to read: What is stalking? How do I get a stalking protective order? *
* 173-B:1 Definitions
arribaWhat are protective orders? What types are there?
A protective order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser. There are three types of orders:
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 (See How do I change or extend a protective order?).
NOTE: 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. To find a local shelter or organization in your area please visit NH State and Local Programs page located under the Where to Find Help tab on the top of this page. 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. *
* 173-B:4 Temporary Relief; 173-B:5 Relief
arribaHow can a protective order help me?
In a final order, a judge may order your abuser:
- not to abuse you, your relatives, or your household members in any way
- to stay away from:
- your home,
- your place of employment,
- school, and/or
- any specified place you or any family or household member go
- not to contact you
- not to take, sell, or damage your property
- to return your personal items
A judge may also:
- grant you temporary custody of children, determine visitation, order that visitation shall be supervised, or order a specific visitation schedule
- order your abuser to help support you and your children financially
- order your abuser to make automobile, insurance, health care, utilities, rent, and/or mortgage payments
- grant you "exclusive use" of any property you own with your abuser, such as your home, household furniture and car.
- order your abuser to turn over all firearms and all other deadly weapons to the police or sherriff
- order your abuser to pay you for out-of-pocket expenses resulting from the abuse, such as
- hospital, doctor or dentist bills;
- lost wages;
- taxi fares or babysitting costs;
- moving or shelter expenses
- prevent your abuser from disconnecting your utilities and services, or discontinuing your mortgage or lease
- restrain your abuser from intimidating you, your relatives (whether or not they live with you) or your household members
- order your abuser to attend counseling
- order that your abuser pay your attorney's fees
Whether or not a judge orders any or all of these depends on the facts of your case.
Note: Generally, under the New Hampshire law, the attorney or any person acting on the attoney's behalf, who is representing the defendant (your abuser), is allowed to contact you (victim) with any issue related to the Protective Order. *
* 173-B:4 Temporary Relief; 173-B:5 Relief ; 173-B:11 Notice to the Victim
arribaIn which county can I file for a protective order?
You can file a petition in the county where you live or where the abuser lives.* If you have fled your home to avoid further abuse, you also have the option of filing the petition in the county where you are temporarily living.** However, if you are trying to keep your address confidential, filing in the county where you have fled to would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* N.H. Rev. Stat. § 173-B:3
** N.H. Rev. Stat. § 173-B:2