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Legal Information: New Hampshire

Restraining Orders

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Laws current as of July 17, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to New Hampshire, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in NH.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

How do I register my protective order in New Hampshire?

You can register your out-of-state protective order by bringing a certified copy of your order to the clerk of court at any district or superior court in New Hampshire.1 (To find courthouse locations, please see our NH Courthouse Locations page). If you do not have a certified copy of your protective order, bring the telephone number of the court that gave you your protective order. The New Hampshire court can call that court & ask them to fax over a certified copy for you.2 You’ll find listings of courthouses throughout the US on this site – select your state from the drop-down menu on the top left of this page, then click on the link marked “Courthouse Locations and Info”.

Once the clerk gets a copy of your order, s/he will ask you to sign a Foreign Protection Order Affidavit. That is a piece of paper that you sign under oath that says, to the best of your knowledge, the copy of the order you have is right and your order hasn’t been changed or canceled.1 Don’t sign this affidavit until the clerk tells you to. You may need to sign it in front of a notary.

Once the clerk receives all of this information, s/he will forward it to the Administrative Office of the Courts, who will enter your protective order into the New Hampshire State Protective Order Registry. The clerk should give you back the certified copy of your protective order, as well as a copy of the Foreign Protection Order Affidavit.2 You should not be asked to pay a fee or cost for filing an out of state order, according to NH state law.

If you need help registering your protective order, you can contact a local domestic violence organization in New Hampshire for assistance. You can find contact information for organizations in your area here on our NH Advocates and Shelters page under the Where to Find Tab on the top of this page.

1 N.H. Rev. Stat § 173-B:13
2 Chapter 15 of the New Hampshire Judiciary Domestic Violence Protocol.

 

 

What does it mean to register my protective order?

When you register your protective order in New Hampshire, you provide a court with a copy of your order and with information that helps them to verify your order is real. Then the Court forwards information about your protective order along to the New Hampshire State Protective Order Registry.

The New Hampshire State Protective Order Registry has a list of all protective orders that have been issued by the NH courts and registered out-of-state protective orders. The NH Sheriff, police departments, and all law enforcement officials have access to the information in this registry.

If your abuser violates your protective order and you call the police for help, the police may look at the Protective Order Registry. Seeing that your order is in the registry can help the police verify that your protective order is real so they can enforce it quickly.

Do I have to register my protective order in New Hampshire in order to get it enforced?

New Hampshire state law gives full protection to out-of-state protection orders whether or not they’re registered. It does not have to be registered in order to be enforced by a New Hampshire police officer, as long as it seems to the officer that your order is real.1

While you do not have to register your out-of-state protection order in order to get it enforced, one benefit of registration is that you may be able to get your order enforced, even if you are not carrying a copy of the order with you when you call to report a violation of the order. Out-of-state protective orders that are registered in New Hampshire are kept in the New Hampshire State Protective Order Registry, and New Hampshire police officers should have access to this registry when they come on the scene.

1 N.H. Rev. Stat Sec 173-B:13

Will the abuser be notified if I register my protective order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NH Advocates and Shelters page.

1 18 USC § 2265(d)

Does it cost anything to register my protective order?

There are no fees or costs for registering your out-of-state protective order in New Hampshire.1

1 N.H. Rev. Stat § 173-B:13

What if I don’t register my protective order?  Will it be more difficult to have it enforced?

While neither federal nor New Hampshire law requires that you register or certify your out-of-state protective order in order to get it enforced, if your order is not entered into the New Hampshire state registry, it may be more difficult for a New Hampshire law enforcement official to determine whether your order is real, which means it could take longer to get your order enforced. In New Hampshire, however, law enforcement officials are required to enforce any order that seems real and true, whether or not it’s registered.1

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in New Hampshire. To see a list of local domestic violence organizations in NH, go to our NH Advocates and Shelters page.

1 N.H. Rev. Stat § 173-B:13