Protective Orders
When You Need Immediate Protection. How to Get Protective Orders. Final Orders. Enforcing Protective Orders from Other States.
Introduction to Protective Orders
It is against the law for your spouse, partner, family or household member to:
- Assault or attempt to injure you or your children or your property.
- Threaten you so that you fear for your physical safety or the safety of your children.
- Force sexual contact or relations on you against your will.
- Enter your residence or home against your will if you are living separately.
- Kidnap or interfere with your freedom against your will.
- Destroy or threaten to destroy your property, including pets.
- Follow you around or act in a way that would make a reasonable person afraid.
- Harm or threaten to harm an animal or household pet.
The law considers all these actions to be domestic violence.
If someone has done any of these things to you, you can ask the police for help. The police can also file separate criminal charges against this person.
You can also ask the courts to order the person abusing you to stay away from you and to stop abusing you. This order is called a protective order or PO.
Two Types of Protective Orders
Domestic Violence Protective Order (DVPO): RSA 173-B “Abuse” means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through (h) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner’s safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being:
Stalking Protective Order: RSA 633:3 “Stalking is behavior involving a course of conduct by a person that places another person in fear for his/her safety. A person who has been a victim of stalking as defined in RSA 633:3-a may seek relief by filing a civil petition in the district court or the superior court in the county or district where the defendant or plaintiff resides. Upon a finding of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation are the same as those set forth in RSA 173-B. ”
New Hampshire law protects adults against domestic violence committed by:
- any family or household member,
- your current or previous partner,
- Current or former sexual or intimate partner
For Stalking petitions no qualifying relationship is needed. Minors (teens, ‘tweens, and younger) can also ask the court for protective orders against persons who they are currently dating or have been dating in the past. This includes romantic relationships, whether sexual or not.
To use this law:
- you do not have to be married to or even have lived with the person who abused you
- you do not have to file for a divorce
- you do not need a lawyer
- you do not have to pay any court costs
- you do not have to pay any sheriff’s fees
The Law: Domestic Violence RSA 173-B Protective Orders (POs)
Know Your Rights: Language Assistance
If English is your second language or you don’t speak any English, you have a right to request an interpreter to assist you with the police and in any court proceedings. Make sure to let the police and/or the court know that you need an interpreter to help you.
When You Need Immediate Protection
Protective Orders
If you are in danger and need immediate protection, ask for emergency orders. The clerk will take the papers directly to a judge.
If you get to see the judge, tell him or her simply and honestly what has happened to you and why you believe you are in danger.
If the judge finds that you are in danger, he or she can issue temporary protective orders, right then and there.
These orders will direct the abuser not to abuse you and not to enter your residence, workplace or school.
The judge can also issue emergency orders that:
- grant you temporary custody of your children, and
- order the abuser to turn over any guns or other deadly weapons he/she could use to harm you to a peace officer.
You will get a copy of your protective order, whether temporary or not, from the clerk of the court.
KEEP THIS ORDER WITH YOU AT ALL TIMES.
If You Need an Emergency Protective Order and the Court is Closed
If you are in immediate danger of domestic abuse and no court is open, you can get an emergency 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. Be specific about dates, times, locations, and incidents 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 an emergency protective order over the phone.
These orders are only valid through the next business (court) day. You must apply for new temporary emergency orders at your local court.
How to Get Protective Orders
Ask the court clerk for a Domestic Violence Petition or Stalking Petition. Simply write down, as clearly and with as much detail as possible:
- what happened to you.
- the date, time, and location where it happened.
- the important facts about the abuse.
- additional facts of any other past or present abuse by this person.
If you need extra paper to write on, ask the clerk. You will have to swear under oath that what you have written is true.
If the judge finds that you are in danger, they can issue temporary protective orders, right then and there.
These orders will direct the abuser not to abuse you and not to enter your residence, workplace or school.
The judge can also issue temporary orders that:
- grant you temporary custody of your children
- order the abuser to turn over any guns or other deadly weapons he/she could use to harm you to a peace officer
- grant you sole use of a vehicle
- and other reliefs as requested
Where to Get Domestic Violence Protective Orders
Go to a court that can properly help you.
This will most often be a Family Court but may be a District Court if there is no Family Court in your county. You can file in a court where either you or your abuser lives. You can e-file in person through a Crisis Center. If you have questions about where to file for a protective order, contact your local police or crisis center.
Here is a brief listing of current Family Division courts where you may get a protective order. You can find a complete updated list on the NH Court website.
Family Division Courts (Locations)
- Belknap (Laconia)
- Carroll (Conway, Ossipee)
- Coos (Berlin, Colebrook, Lancaster)
- Grafton (Lebanon, Littleton, Haverhill, Plymouth)
- Hillsborough (Goffstown, Manchester, Merrimack, Nashua)
- Merrimack (Concord, Franklin, Hillsborough, Hooksett)
- Rockingham (Brentwood, Derry, Portsmouth, Salem)
- Strafford (Dover, Rochester at Strafford County Complex, Rochester)
- Sullivan (Newport, Claremont)
- Cheshire (Jaffrey, Keene)
If you have left your home and are living in a different place to escape abuse, you can go to the court closest to your temporary home. The court will not tell anyone your new address if you ask them not to.
Testifying at the Final Hearing
At the final hearing, you will have to testify before the judge about what happened and why you want the final protective order.
Tell the judge about what you wrote down in your petition. Your testimony should answer the following questions:
- How do you know the abuser?
- For each act of harassment or abuse:
• What did the abuser do?
• What did you see?
• What did you hear?
• How did you respond?
• Why was this harmful? - What do you think will happen if you do not get a protection order?
Other things to be sure and tell the judge:
If you have children in common with the abusive person, tell the judge whether you want to have the children continue living with you and whether you want child support and/or other financial support.
If you own or rent your residence with the abusive person, tell the judge if you want to continue living there. If needed, ask the judge to order the abusive person to help you pay the rent or mortgage.
If you need a car, ask for use of that car.
If you lost money because of the abuse or you have injury-related medical bills, ask to be reimbursed for those expenses.
Bring witnesses, photographs of your injuries, printed screenshots of phone messages, and medical and/or police reports if you have them. Bring three copies of each of your documents to the hearing.
The judge will base a decision on all the facts and evidence presented.
Important:
Your abuser will probably be at the hearing, and they or their attorney will have an opportunity to ask you questions.
If you need support, you can reach out to the New Hampshire Coalition Against Domestic and Sexual Violence to get connected to your local crisis center for support through the process. An advocate may even be able to attend your hearing with you for emotional support.
Final Orders
After the final hearing, if the judge finds that you were abused, the court will issue final orders.
After the final hearing, if the judge finds that you were abused, the court will issue final orders. If the judge finds that you were not abused, the court will dismiss the case. You will receive a copy of the final orders or the dismissal in the mail.
You can also ask the court to issue the following orders as part of the final orders:
- Continue to restrain the abuser from abusing or contacting you.
- Prevent the abuser from entering your home, school, or workplace.
- Grant you temporary residential responsibility for the children. (You may also be interested in filing a parenting case.) In recent years New Hampshire has moved away from the term Custody in favor of Parental Rights and Responsibilities, so you may hear this term when discussing who is responsible for your children.
- Order the abuser to pay you child support.
- Order the abuser to cover the children and you on their health insurance policy.
- Order supervised visitation between the abuser and their children.
- Grant your use of any jointly owned property including your residence, household furniture, and your car.
- Order the abuser to pay your out-of-pocket expenses resulting from the abuse, such as medical bills, lost wages, transportation or babysitting costs, moving or shelter expenses, and legal fees.
- Restrain the abuser from intimidating or threatening you, your relatives (whether or not they live with you) or your household members.
- Direct the abuser to attend counseling, anger management, or batterers’ intervention programs.
- Grant you care/custody of any animal owned or possessed by you or your children.
It is very important to ask the court for these things during your testimony because the court may not issue these orders automatically.
These orders are effective for one year unless otherwise stated.
After eleven months, you may go back to court and ask the judge to extend the protective orders if you still fear possible abuse. You should do this at least fourteen days before the orders expire. Be prepared to tell the court why you think the abuser is a continued threat to your personal safety.
Here is a link to the court’s extension form.
What Happens Next?
Temporary or Emergency Protective Orders
First, a copy of your temporary protective order will be sent to the Department of Safety by computer. The State Police must make the protective order available to your local police department and sheriff.
The local police must promptly serve your abuser with a copy of the temporary or emergency protective order. There is no charge for this service. These orders are in effect anywhere in New Hampshire and should be enforceable in other states too.
Hearing on Your Domestic Violence Petition: The Final Hearing
A full, final hearing will be held on your domestic violence 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. You will receive a hearing date with the paperwork included with your temporary order. However, the abuser may also ask for an earlier hearing within 3 to 5 business days of when he or she makes the request, which you must attend. The court will send you notice of the date, time and place of the new hearing date. In any case, you must attend the final hearing in order to have the temporary protective orders made final.
You have the right to bring a lawyer to represent you at the hearing. It is a good idea to talk to a lawyer if you think custody or child support will be disputed, or if you have been severely injured or expect an injury you received to last a long time.
If you cannot afford a lawyer, you should contact a domestic violence crisis center in your area that may be able to refer you to a free lawyer through the Domestic Violence Emergency (DOVE) Project. You can find out which domestic violence program is nearest to you by calling The NH Coalition Against Domestic and Sexual Violence at 1-866-644-3574.
Enforcing Protective Orders from Other States
If you have a protective order from another state, you can protect yourself by going to any Family Division Court or District Court in New Hampshire to file a copy of this order. The clerk will treat this protective order the same as a New Hampshire protective order, and will make a copy of the order available to the police.
If you call to report you have been abused, followed, threatened or intimidated, be sure to tell the police you have a protective order from another state.
Your New Hampshire order should be enforceable in other states as well.
Carry any protective order that you have with you at all times.
Violation of Orders
Once a protective order is in effect against the abuser, it is a crime for the abuser to violate the order.
If the abuser knowingly violates a protective order in any way, it is a class A misdemeanor crime. You should report any violations to the police. The police will decide whether to arrest and prosecute them. Regardless of what the police do, if you feel there is a violation of the order, you can also take the abuser back to court by filing a motion for contempt of the order. A contempt hearing must be held within 14 days. If the abuser is found in contempt, they may be fined or put in jail.
Criminal Charges for Domestic Violence and Stalking
In addition to getting protective orders, you can also ask the police to charge your abuser or stalker with one or more crimes.
If the police have good cause to believe that you have been abused within the past twelve hours or that a protective order has been violated, they can immediately arrest the abuser and file criminal charges against them. If it has been more than twelve hours, the police must get a warrant to arrest the abuser.
In any case, if you have been abused, you can go to the police and file a criminal complaint against your attacker. Call your local police department to get a complaint form.
In the complaint form, write down what happened to you and the law that you believe was broken. Once the form is filled out, you must swear to it before a Justice of the Peace. Once the complaint is filed with the police, your abuser may be arrested.
If your abuser is arrested, keep in mind that most people are released from jail soon after their arrest. So, don’t expect the abuser to stay in jail until the trial. If you fear the abuser might come after you when released, you may be able to seek a criminal bail protective order or a “stay away” provision (depending on the relationship) that orders that the abuser stay away from you. A criminal bail protective order is entered into a federal law enforcement database.
In many cases, the court will issue this without your request. If the criminal bail protective order or “stay away provision” is broken (the abuser does not stay away from you), contact the police. They may be able to send the abuser back to jail.
Once a criminal complaint has been filed by you or the police, the police or prosecutor will bring charges against the abuser. It is no longer your complaint, and you cannot withdraw it. You may be subpoenaed to testify.
In order to prosecute the abuser, you may have to testify under oath in open court about what happened during the abuse incident in your complaint. If you have been threatened or abused at other times by this individual, it is very important to be sure to tell the police or the prosecutor about those incidents before trial.
Emergency Shelter, Assistance and Safety
It is very important to plan for your safety. If you need to remove yourself and your children from danger, help is available. There are domestic violence programs located throughout New Hampshire that provide shelter, safety planning, and support for abused persons and their families. To get in touch with these groups you can call 1-866-644-3574 24 hours a day. This is a confidential, free call.
These programs are there to help you even if you have decided to remain in your relationship with your abusive partner. They have advocates trained to:
- Aid you with shelter.
- Provide counseling and safety planning.
- Explain legal procedures 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 or the Domestic Violence Advocacy Project of New Hampshire Legal Assistance. DOVE and NHLA provide free legal representation to low-income individuals at final domestic violence and stalking hearings.
Protective Order Resources
Protective Order Fact Sheet
Domestic Violence Emergency (DOVE) Project
- Complete an online application for legal services from 603 Legal Aid, or call 603 Legal Aid at 603-224-3333.
New Hampshire Legal Assistance Domestic Violence Advocacy Project
- If you cannot afford a lawyer you may contact a domestic violence crisis center in your area.
- For the nearest office call 1-866-644-3574
- The crisis center may be able to refer you to the Domestic Violence Emergency (DOVE) Project of the New Hampshire Bar Association or to New Hampshire Legal Assistance for help.