Restraining orders

DOMESTIC VIOLENCE RESTRAINING ORDERS

Below is an outline of what will happen once you decide to ask a court for a restraining order, or if you have been served with a restraining order. If you have any questions, you should contact the court or an attorney or a local crisis center.

I. For someone who wants to ask the court for an order of protection:
II. For someone who has been served with a protective order:
III. For someone who has a protective order from another state
IV. Criminal cases

The forms identified below are available at any Superior, District or Family Court location.

I. For someone who wants to ask the court for an order of protection:

It is the responsibility of the court to provide a fair and impartial decision in every case.

The State of New Hampshire has several laws that deal with domestic violence. The laws generally fall into two categories: civil and criminal. A civil court action is when someone files a petition asking the court for protection from someone else. A criminal court action is taken by the “state” (Police department, county attorney, attorney general) against someone who is believed to have committed a crime. The sections below will focus on the civil process.

New Hampshire law will protect you from being hit, abused or threatened by your spouse, your ex-spouse, someone you live with or have lived with in the past or someone with whom you have had a romantic relationship. If you are not sure if you qualify to file for a protective order, you should ask the staff at the court. You can go to any superior, district or family court that is closest to you. (Find Your Court). You do not need an attorney to go to court. If it is late at night or on the weekend, you should call the police and they can help you get a temporary order by calling a judge. This emergency protection order is only good until the next business day.

Other Help/Resources

There are many agencies that can help you during this difficult time including The New Hampshire Coalition Against Domestic and Sexual Violence; NH Legal Assistance; The Commission on Status of Women; Commission on the Status of Men. You should contact them if you have questions about what to do next. They may be able to help you apply for a protection orders and they can even help with a place to live and how to make a safety plan. You may also be able to get legal help from the DOVE program. You should call 866-644-3574 for this information.

Court Process

You will need to fill out a form titled "Domestic Violence Petition." This is the formal document that is given to the judge. It is important that you complete the form and fill in all the necessary information. If you need help with the form, you should ask someone at the court. It is important that you describe, in your own words, why you want this order and what kind of protection you need. It is best to be as detailed as you can be; describing what happened to you as completely as possible. You will be required to swear that this information is true and accurate. This information is what the judge reads before making a decision to write an order.

You must let the court know where you are living and how to get in touch with you. The court will not give the other person this information. You must complete a form titled "Domestic Violence Confidential Information." Also, if you have any other cases in any other court in the state, you must let the court know right away

Under New Hampshire law, abuse has a very specific definition and legal meaning. “Abuse” is defined as committing or attempting to commit one or more of the following acts which represent a “credible threat” to your safety. New Hampshire laws can be found on the Judicial Branch homepage:

Assault or reckless conduct as defined under RSA 631:1 through RSA 631:3

Criminal threatening as defined under RSA 631:4

Sexual assault as defined under RSA 632-A:2 through RSA 632-A:5

Interference with freedom as defined under RSA 633

Stalking as defined under RSA 633:3-a

Destruction of property as defined under RSA 634:1 and RSA 634:2

Unauthorized entry as defined under RSA 635:1 and RSA 635:2

Harassment as defined under RSA 644:4

If the court finds that there is evidence of abuse and a credible threat to your safety, a protective order may be issued. If the court finds that the there is not evidence of abuse, the petition may be denied. If an order is denied or a request to withdraw an order is granted, you can always come back to the court and ask for another order in the future if you feel you need protection.

After the hearing, if the judge gives you a temporary order, titled the "Domestic Violence Temporary Order" and Notice of Hearing, the court will help you with the next step. You will be given a date to come back to court for a hearing which is usually within 30 days. You should keep your order with you all the time. The police will give the other person a copy of this temporary order and the petition you filled out. The other person can ask for a hearing within 3 to 5 days. The court will let you know if this happens. The court will also ask you to fill out other paperwork that is very important. This is helpful to the police to be able to find the other person and to protect you better in the future. Once the other person has been served with the order, the police can help you if he/she tries to contact you in any way. If the other person violates the order, you should call the police right away.

If you decide that you do not want this order to be in effect anymore, you must come to the court. The order will be enforced unless you fill out a form titled "Request for Withdrawal of Domestic Violence or Stalking Protective Order" and ask the court to withdraw the order. You cannot decide on your own that you do not want the order to be enforced anymore; it takes on order from the court.

In the Courtroom

On the hearing date, you need to come back to the court and present your case to the judge. The other person may be there with or without an attorney but you do not have to talk to them. If you are concerned about your safety in the courthouse, you should contact the court before you come. There will always be a security officer in the building. You should explain to the judge why you want this protective order. You can bring in witnesses if you want to. You should answer any questions the judge asks you. The other person will also have a chance to present evidence to the judge. You should not interrupt the person when he/she is talking.

Although strict rules of evidence are not used in these hearings, you and the other person will be required by the judge to provide information that is limited to the issues you have raised in the petition. It is your responsibility to provide enough information to prove that domestic violence, within the meaning of the law, has occurred. You have the right to offer your own testimony and to bring witnesses with you to support or add to your testimony. You should come to the court prepared to present all of the information you have because it is unlikely the judge will postpone the case to give you more time to gather more evidence or witnesses.

After a Hearing

After a hearing, the judge will make a decision about your case. You will then get a final order. Sometimes you will get a copy of this order right after the hearing or you may receive it in the mail. The other person will get a copy of this order too even if he or she is not present at the hearing. As part of this order, the other person will be prohibited from buying and/or possess any firearms.

Both the temporary order and the final order can be enforced in any state. New Hampshire enters these orders into a national database. However, you should always keep a copy of your order with you wherever you go. Also, you should be aware that it is unwise and maybe even dangerous for you to try and contact the other person. Only the court can modify the order and allow you to contact the other person.

After One Year

The final order is good for one year. If you want to have this order extended, you must come to the court before the date it expires and ask the court to extend the order. After the order expires, the other person can ask the court for their guns and weapons back. You will get a notice of this hearing. You may attend but you are not required to.

II. For someone who has been served with a protective order:

It is the responsibility of the court to provide a fair and impartial decision in every case.

The State of New Hampshire has several laws that address the issue of domestic violence. The laws generally fall into two categories: civil and criminal. A civil court action is when someone files a petition asking the court for protection from someone else. A criminal court action is taken by the “state” (Police department, county attorney, attorney general) against someone who is believed to have committed a crime. The sections below will focus on the civil process.

It is important that you read all the papers you have been given if you are served by the police. The papers will give you important information about your rights and what you can and cannot do. You can request a hearing on these matters within three to five business days. You must put your request in writing and send it to the court. If you don’t want an immediate hearing, you must come to court on the date shown and be prepared to tell the judge your side of the story. You can get an attorney but you will have to pay for the attorney from your own funds.

There are agencies that can help you during this process. They are the Commission on the Status of Women; the Commission on the Status of Men: NH Legal Assistance.

It is important that you understand that these orders are effective immediately even if you disagree with the claims made against you. It is a crime to violate these orders. If you do, you will be arrested and possibly put in jail.

According to the law, the court cannot give you any information on where the other person is living or how to get in touch with her/him.

All future paperwork from the court will be mailed to you from the court by regular mail. You must keep the court informed of your current address or you may miss important information from the court about hearing dates, etc. It is not an excuse if you miss a hearing because you moved and didn’t get the paperwork. The court can and will make orders against you even if you are not there.

You should also know that these orders are enforced in any state. So no matter where you go, you still have to follow these orders. New Hampshire enters there orders into a national database.

At Court

When you come to the hearing, you should be prepared to tell the judge your side of the story. When the other person is talking, you should not interrupt them. You will have a chance to speak.

Although strict rules of evidence are not used in these hearings, you and the other person will be required by the judge to provide information that is limited to the issues raised in the petition. It is the responsibility of the person who filed to the petition to prove that domestic violence, within the meaning of the law, has occurred. You have the right to offer your own testimony and that of witnesses to dispute any information the petitioner gives the court. You should come to the court prepared to present all of the information you have because it is unlikely the judge will postpone the case to give you more time to gather more evidence or witnesses.

Once both sides have had the chance to talk to the judge, a final order will be made. You will get copy of this order either in court or in the mail. You must follow all the points listed in the final order. If you don’t, you risk being arrested and jailed. You must not make any attempt to contact the other person by any means. This includes telephone, email or letters. You can be arrested for this if you do and you may be held in jail until brought before the court. If you think you want to make changes to the order, you must ask the court. Even if the other person says it is all right to contact them, you can still be arrested. Only the court can allow you and the other person to have contact.

After One Year

The final order is good for one year from the date it was ordered. Before that date, however, the other person can request that the order be extended for another year. If the order is extended, you can request a hearing within 30 days to tell the judge why you do not think it should be extended.

During this process, you will have to give your guns and possibly some other deadly weapons to the police. You will not be allowed to buy any guns or ammunition. This is required by state and federal law. Fifteen (15) days before the order expires, you can ask the court to return your guns and weapons by filing a form titled "Motion and Affidavit for Return of Firearms or other Deadly Weapons." The court will ask that a background check be completed to find out if you have any other pending matters in some other court or if you have been convicted of any other crimes. The other person has right to also let the court know if they do not think you should get your guns and weapons back. The court will then make an order about your guns and weapons.

Remember that these orders can be enforced in any state.

III. For someone who has a protective order from another state

If you have a valid restraining order that is from another state, it is still valid in New Hampshire. That means that the police can arrest an individual for violating the conditions of an order that was made in any other state.

If you have an order, you should register it in the nearest court (Find Your Court) although this is not required for the order to be enforced. You can use a form titled "Foreign Protective Order Affidavit" to register a restraining order from another state in New Hampshire.

IV. Criminal Cases

Under New Hampshire law, if the other person violates the protective order, they may be arrested by the police and charged with a crime. The State, through the police and prosecutor, will handle these cases. You may be a witness in the state’s case against the other person. The other person may be released on bail with conditions that there is no contact with you. If you have questions about this process, you should contact the police department or local crisis center.