Domestic
Violence
It is against the law to cause bodily injury to another
It is Against the Law for your spouse/partner to:
- Injure you (RSA 631:1,2,2-a);
- Threaten you so that you fear for your physical safety
(RSA 631:4);
- Force sexual contact or relations on you against your
will (RSA 631:1,2,2-a,4; RSA 632-A)
- Enter your residence or home against your will if you are
living separately (RSA 635:2);
- Inflict false imprisonment (RSA 633.3);
- Destroy or threaten to destroy your property (RSA 631:1
or 2);
- Follow you around or act in a way that would make a
reasonable person afraid (RSA 633:3-a).
The law considers all these things to be abuse. If any member
of your household or your spouse, ex-spouse, partner or
ex-partner, or someone you have dated or are dating has done any
of these things to you, you may seek the help and protection of
the courts and police.
You may ask the courts to order the abuser (your attacker) to
stay away from you and to stop abusing you. Separately, you may
also ask the police to file criminal charges against this
individual.
Protective Restraining Orders
There is a law in New Hampshire designed to protect any adult
against domestic violence. That law is RSA 173-B. Minors can also
petition the court for restraining orders against persons with
whom they are currently or formerly involved (in a romantic
relationship whether or not ever sexual consummated).
To use the law, you do not have to be married to or even have
lived with the person who abused you. The law protects you from
abuse by current or former sexual or intimate partners, as well
as past or present household or family members. You do not have
to file for a divorce; you do not need a lawyer; and you do not
have to pay any court costs or sheriff's fees.
Emergency Orders: The
judge can give you emergency protection if you can show that you
are in immediate danger of being abused. The court may issue
orders right away directing the abuser not to abuse you and not
to enter your residence, workplace or school. The court may also
issue an emergency order granting you temporary custody of your
children and ordering the abuser to turn over to a peace officer
any guns or other deadly weapons he/she could use to harm you.
Hearing On Your Petition
A full hearing will be held on your petition within 30 days of
when you file it or within 10 days of the date the petition is
served on your abuser, whichever is later. The abuser may also
ask for a hearing within 5 days, which you must attend.
You have the right to bring a lawyer to represent you at the
hearing. It is a good idea to see a lawyer if you think custody
or child support will be disputed, or if you have been severely
injured or expect an injury to last a long time.
If you cannot afford a lawyer, the New Hampshire Coalition
Against Domestic and Sexual Violence (NHCADSV) office in you
county may be able to refer you to a lawyer who will do your case
pro bono (for free). You can find out which NHCADSV Office is
nearest to you by calling 1-800-852-3388.
At the hearing you will have to testify before the judge about
what happened and why you want the restraining order. If you have
a history of being abused by your attacker, or if he or she has
abused any other member of your family, tell the judge.
Also tell the judge:
- If you have children, whether or not you wish to have
them with you, and if you are not married to the abusive
person, whether or not he/she is their parent.
- If you own joint property with the abusive person,
including your residence, exactly what you want and need
for the children and yourself.
- If you lost money because of the attack, how much and
exactly for what.
You should know that your abuser will probably be at the
hearing and he/she or his/her attorney will have an opportunity
to ask you questions.
Bring witnesses, medical records, police
records, and other official documents for the judge to see. The
judge will base a decision on all the facts presented.
Emergency Shelter and Assistance
If you need to remove yourself and your children from danger,
help is available. There are groups all over New Hampshire that
provide shelter for abused persons and their families. To get in
touch with these groups you can call, free of charge,
1-800-852-3388, 24 hours a day.
These groups are there to help you even if you have decided
not to leave your relationship/abusive partner. They have
advocates trained to aid you with shelter, counseling, to explain
the legal procedure to you, and accompany you to court, the
hospital or to get public assistance. Please note that these
advocates are not lawyers. In certain circumstances they may be
able to refer you to a lawyer through the Domestic Violence Emergency(DOVE) Project of the New Hampshire Bar Association,
DOVE provides free legal representation to low-income individuals
at final domestic violence hearings.
Making Criminal Complaints
In addition to getting a protective orders, you may also ask
the police to help you and to charge your abuser with a crime(s).
If the police have good cause to believe that you have been
assaulted within the past six hours by a current or former
spouse/partner/date or that a restraining order has been issued,
they may immediately arrest the abuser and file criminal charges
against him/her. If it has been more than six hours, they must
get a warrant to be able to arrest the abuser.
If the police do not arrest your abuser right away, you may
file a criminal complaint yourself. You can call your local
police department or district court to obtain a complaint form.
Simply write down what happened to you and the number of the
law that was broken. Once the form is filled out, you must swear
to it before a Justice of the Peace.
Once the complaint is filed either at the court or the police
department, your abuser will either be arrested or summoned to
the court. Because most people are released from custody soon
after their arrest, do not expect he abuser to be confined to
jail before the trial. If you fear the abuser may retaliate upon
his/her release, you may request a bail condition: for example,
that he abuser stay away from you. If the condition is broken
(e.g., the abuser does not stay away from you), the abuser may
have to return to jail.
In order to prosecute the abuser, you will be required to
testify under oath in open court about what happened during the
incident you complained about. If you have been threatened or
abused at other times by this individual, be sure to tell the
police or the prosecutor before trial about those incidents.
These orders may be issued the same day you file your papers.
Copies of these emergency orders will be sent to your local
police station and state police headquarters. These orders are in
effect anywhere in New Hampshire.
Final Orders: In addition to emergency
protective orders, you may ask the court to issue final orders:
- Continuing the protective orders;
- Granting you temporary custody of the children, ordering
the abuser to pay you support for them and ordering the
abuser to cover the children and you on his/her health
insurance policy (if legally responsible to do so);
- Granting you use of any jointly-owned property including
your residence, household furniture and your car:
- Ordering the abuser to surrender any guns or other deadly
weapons he/she has access to or could use to harm you,
- Ordering the abuser to pay you for out-of-pocket expenses
resulting from the attack, such as hospital, doctor or
dentist bills, lost wages, taxi fares or baby-sitting
costs, moving or shelter expenses;
- Restraining the abuser from intimidating or threatening
you, your relatives (whether or not they live with you)
or your household members:
- Directing the abuser to attend counseling.
The court may issue these orders after a hearing where you
prove to a judge you have been abused. These orders are effective
for one year unless otherwise stated. At the end of the year, you
may go back to court and ask the judge to extend the protective
orders if you still fear possible abuse.
Violation of Orders: Once a protective
order is in effect against the abuser, it is a crime and contempt
of court for the abuser to violate the order.
If the abuser knowingly violates a protective order in any
way, it is a crime that the police may prosecute. If the abuser
violates a protective order by committing assault, criminal
trespass, stalking or another criminal act, the police must
arrest and prosecute him/her. In addition, you may take the
abuser back to court on a charge of contempt. A contempt hearing
must be held within 14 days, and if the abuser is found guilty,
he/she may be fined or put in jail.
How to Get A Restraining Order
1) Go to a court that can properly help you. You may get
restraining orders from the following courts:
- The district court of the town in which either you or the
abuser lives.
- The superior court of the county in which either of you
or the abuser lives.
If you have left your home and are living in a place to
escape, you can go to the court closest to your temporary home.
The court will not tell anyone your new address.
If you move while the case is pending, you may ask the court
to transfer the case to the court most convenient to your new
home. Be sure that the court knows how to contact you. The court
will hold your whereabouts in complete confidence.
2) Ask the clerk of the court for a Domestic Violence
Petition. Simply write down (as clearly and in as much detail as
possible) shat happened to you. You must include the date, the
time, the location and the important facts about the abuse. You
will have to swear that what you have written is true.
If you ask for emergency orders, the clerk will take the
papers to a judge. If you see the judge, just tell him/her simply
and honestly what happened to you and why you are in danger. If
the judge finds that you are in danger, he/she may immediately
issue protective orders. You will get a copy of the order from
the clerk of the court.
3) Take your petition and your protective orders to the
sheriff or to the police who will serve them on the abusive
person. There is no charge for this service. You must tell the
sheriff exactly where he/she can find the individual.
If You Need A Protective Order And The Court Is
Closed.
If you are in immediate danger of domestic abuse and no court
is open, you may get a protective order by contacting the nearest
police department. A police officer can help you fill out the
proper form and reach a judge by telephone.
Fill out the form using as much detail as possible, being
specific about dates, times and incidences of abuse. The police
officer will read the judge what you have written. If the judge
believes you are in immediate danger, he/she can issue a
protective order over the phone.
This order will be served on your abuser. It will only be
effective until the close of business on the next regular court
business day. For the protection to remain in effect, you must go
to the nearest district or superior court before the close of the
next business day to ask for a new temporary order.
Once you have filed a criminal
complaint, the police or the county prosecutor brings the charges
against the abuser. It is no longer your complaint and you cannot
withdraw it. You may be subpoenaed to testify.
Stalking Some Is Against the Law In New Hampshire
It is against the law for someone:
- To follow you around more than once, appear more than
once at your home, work or other place where you are,
intending to make you or a "reasonable person"
afraid;
- To intimidate you by causing substantial emotional
distress or threaten you with death or bodily injury; or
- To follow you around even once, or show up at your home,
work or other place described in your order if you have a
restraining order or bail order against him/her.
If you think someone is doing any of the above things to you,
call the police right away. The police can arrest the person who
is doing these things if the officer believes they happened
within the past six hours. If there is a protective order in
place, the police must arrest
him/her. The police can make an arrest even if they did not see
the person follow, threaten or intimidate you.
Effective January 1, 1998, a person who
is being stalked can obtain a protective order under the same
procedures and conditions as those issued for victims of domestic
violence. You may petition for such a protective order in the
district or superior court where either you or the person who is
stalking you reside.
New Hampshire Enforces Restraining Orders From Other
States
If you have a restraining order from another state, you can
protect yourself by going to any district court in New Hampshire
to file a copy of this order with the New Hampshire courts. The
clerk will then make a copy of the order available to the police.
Be sure to tell the police if you have a restraining order
from another state if you call to report you have been abused,
followed, threatened or intimidated.
Your New Hampshire order should be enforceable in other states
as well.
