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Legal Information: New Hampshire

Restraining Orders

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February 10, 2020

Where do I file? What are the steps?

To file for a stalking protective order, you would file in the district court in the district where you or the stalker live. The steps to file for a stalking protective order are also similar to those for a domestic violence protective orders, which you can see on our Steps for getting for a protective order page.1

1 N.H. Rev. Stat. § 633:3-a(III-a)

How long does a stalking protective order last? Can it be extended?

A final staking protection order can last for up to one year. You can file a motion to extend it and if you can prove that there is “good cause” to extend it, the judge can extend it for one year. However, after that first one year-extension, you can file to extend it again for up to 5 years per extension.1

1 N.H. Rev. Stat. § 633:3-a(III-c)

What happens if the stalking protective order is violated?

If the order is violated and you call the police, the police officer can arrest the stalker if the officer has probable cause to believe that the stalker has violated the order within the past 12 hours.  It does not matter if the violation happened in front of the officer or not.1  Usually, a violation of this section is a class A misdemeanor but it could be a felony if the person has prior convictions for stalking within a certain time period.2  For more information, see our NH Statutes page, section 633:3-a, subsection VI(a).

1 N.H. Rev. Stat. § 633:3-a(V)
2 N.H. Rev. Stat. § 633:3-a(VI)