Meet the New Hampshire Coalition Against Domestic and Sexual Violence Describe what orders you would like the court to make. 1 N.H. Rev. However, if the person used or threatened to use a deadly weapon, the punishment increases to a class B felony. Section: 173-B:20 Duties of Coordinator. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim's search or call history or otherwise track their activity. criminal mischief (destruction of property) or arson. The judge can also order that the defendant financially support any children that he or she has with the plaintiff unless there's a legal reason that the defendant should not support them. If you want an earlier hearing date, you should go to the court to file a written request that would be scheduled more quickly. Susan Carbon [00:02:25.580] - Hon. This packet is for a Domestic Violence Protective Order Petition without child (ren). That includes Michigan . It also includes third party contact. Susan Carbon Domestic Violence Emergency (DOVE) Project Call DOVE : 1-866-644-3574 for free legal help in court to get a court order to protect you from an abuser. A person commits the crime of domestic violence by using or threatening physical force or violence against a family or household member or intimate partner to: When acts involve threats, the prosecutor must typically prove that the victim reasonably believed the defendant could carry out their threats. ELIGIBILITY TO APPLY FOR A STALKING PROTECTIVE ORDER PROTOCOL 18-1 Any person, regardless of age, may be eligible to seek a stalking protective order under RSA 633:3-a. [00:13:32.700] - Hon. Family Law | New Hampshire Judicial Branch Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). [00:04:23.300] - Marge Malfitani Susan Carbon First, you will need to check the box that describes the relationship between you and the defendant. If you do not qualify for either domestic violence or a stalking order, you may also be able to get a civil restraining order from the superior court. Police hold the firearms until a judge decides what to do with them. Now, finally, this information is for both the plaintiff and the defendant. However, the Supreme Court will not review the facts of the case. Section: 631:2 Second Degree Assault. PDF REPORTING NEGLECT & ABUSE - New Hampshire Department of Health and A filing fee is required to be paid upon the filing of the completed form. New Hampshire Legal Assistance Domestic Violence Advocacy Project. You may use a justice or notary of your choice or one is available in the clerk's office if needed. What protections can I get in a stalking protective order? The plaintiff will speak first because it is the plaintiff who is asking for the order. Please note that photo identification is required if you are asking court staff to take your oath. Over 360,000 New Hampshire residents experience intimate partner violence in their lifetimes. Or, complete an online application for legal services from 603 Legal Aid, or call 603 Legal Aid at 800-639-5290. [00:05:41.150] - Hon. (2) A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider. When the plaintiff has finished all of his or her testimony, the defendant will then have his or her chance to tell the court why an order should not be granted. You may also call the circuit court information center at 1-855-212-1234 with any additional questions you may have about the court process. When the hearing is over. Typically, the judge will release the defendant on restrictive conditions, such as prohibiting contact with the victim and restricting possession of firearms. We've helped 95 clients find attorneys today. Once the judge has concluded the hearing, the case is over and the judge will not allow people to testify later. Circuit Court Judge Susan Carbon providesinformation about what to expect at a Final Domestic Violence or Stalking Order of Protection Hearing. Moving to Another State with a Protective Order. [00:10:23.390] - Hon. Remember to bring the petition to the final hearing so that you can more easily remember what you wrote about why you need the order. Both New Hampshire and federal law prohibit the possession of firearms for convicted felons. This was in response to recommendations from the New Hampshire Supreme Court Task Force on Domestic Violence Cases in the New Hampshire Judicial System March 1, 2022 report.. Fisher v. Minichiello,155 N.H. 188 (2007). If you recall from the earlier video, for a plaintiff to qualify for a domestic violence order of protection, he or she must be in one of these relationships with the defendant, a current or former spouse, a person the plaintiff lives with or has lived with, but in some form of family or romantic relationship. Section: 631:3-a Conduct Involving Laser Pointing Devices. I want to talk to you today about civil restraining orders and what to expect when you need one or when you get served one. First, a couple of reminders from the earlier video. Susan Carbon You'll be required to describe to the court why it is important that the court review your complaint and issue an order before the opposing party has had an opportunity to be heard on the request. [00:05:17.390] - Hon. So please keep in mind that asking other people to send messages to the plaintiff is a violation of the court order. Susan Carbon In which county can I file for a protective order? Susan Carbon If an order is issued, this form will be given to law enforcement to help them serve a copy to the defendant so that it is important that this form also be completed as thoroughly as possible. New Hampshire - Disarm Domestic Violence The 12 member programs of the New Hampshire Coalition Against Domestic and Sexual Violence provide services regardless of gender,age, health status (including HIV-positive), physical, mental or emotional ability, sexual orientation, gender identity/expression, socio-economic status, race, national origin, immigration status or religious or political affiliation. Carbon Susan Carbon If the judge dismisses the complaint filed on an ex parte basis, the case will close. They must be at court on time as well because they must be physically present to testify. It is not shared with the defendant. If that's the case, you will have to turn over any firearms, ammunition and deadly weapons to the police officer. If the defendant does not appear at the hearing, a copy of the order will be mailed or served by local law enforcement. Later in the video, I will provide information for the defendant on how to respond to a petition. Can it be enforced in another state? Susan Carbon [00:12:15.700] - Hon. Stat. What are the requirements? Statement of Purpose B. Impartiality C. Notice of Allegations D. Defendant's Opportunity to Be Heard E. Final Hearing F. Distinctions Between Orders Issued Under RSA 173-B and Other Orders of Protection or Restraining Orders CHAPTER 2 - DEFINITIONS OF DOMESTIC VIOLENCE AND PROTECTED PERSONS Introduction A. Definitions of Domestic Violence B. For help with Criminal Annulment apply online. Do I need to tell the court in New Hampshire if I move? Last a final hearing will be scheduled within 30 days. [00:02:57.110] - Hon. After listening to both sides, the judge may take the matter under advisement. The Violence Against Women Act provides protections to victims of domestic violence who are at risk of losing housing subsidies because of incidents of domestic violence, Domestic Violence & Sexual Assault Information, Domestic Violence and Sexual Assault Information, Criminal Charges for Domestic Violence and Stalking. [00:09:55.230] - Hon. How long do they last? Legal Resources - New Hampshire Coalition Against Domestic and Sexual If temporary orders are not issued but a final hearing is scheduled, the plaintiff can request to withdraw the petition. This video will make more sense if you've also seen the other video first. NH web design by Harbour Light Strategic Marketing. Susan Carbon Failure to Prosecute and Dismissal by the Court, B. If you're looking for immediate order to be issued by the court before the opposing party has been notified that the complaint has been filed, this is referred to ex parte relief. If a final order is granted, the judge may also include orders that deal with any children that the plaintiff and defendant have together. Police must also provide assistance to the victim to prevent further abuse. Call 1-866-644-3574 to speak with an advocate from a crisis center. New Hampshire Statutes - Table of Contents - New Hampshire General Court Susan Carbon Document Format: PDF. The attorney listings on this site are paid attorney advertising. New Hampshire Simple (Misdemeanor) Assault Laws - CriminalDefenseLawyer.com Each of our member programs provide services and supports to victims and survivors of domestic violence, sexual assault, stalking, and human trafficking. 631:2-b, 651:2 (2023).). This must be filled out thoroughly and accurately so that the court staff can get in touch with you easily in case the hearing date needs to be changed. The chart below outlines New Hampshire's main domestic violence law. [00:04:10.310] - Hon. When the final hearing occurs, you can only discuss the matters that were written down in the petition. In this section, you will find the actual laws (statutes) that are explained in plain language in the sections above. Domestic Violence - New Hampshire Coalition Against Domestic and Sexual Lawline 1 (800) 868-1212 - 6:00 p.m. to 8:00 p.m. The plaintiff will need to explain why a final protective order should be issued against the defendant. And again, the defendant will be allowed to ask them questions if he or she has any. 631:2-b Domestic Violence | WomensLaw.org [00:12:58.080] - Hon. . More than 90 percent of homeless women experience severe physical or sexual violence at some point in their lives. However, it's also possible that the order may be delivered to the defendant by the local law enforcement agency. If you are unable to hire your own lawyer, you may be able to get assistance by contacting New Hampshire Legal Assistance at 180-639-5290. NH Domestic Violence Laws. Let's talk about these in a little bit more detail. The protective orders laws of New Hampshire, also known as restraining orders, are designed to keep abusers away from their victims. Domestic violence is the leading cause of homelessness for women and children in the United States. First, a copy of your temporary protective order will be sent to the Department of Safety by computer. It includes the plaintiff's name, address, mailing address. Can I have my out-of-state protective order changed, extended, or canceled in NH? Agency Information Collection Activities; Proposed eCollection How do I register my protective order in New Hampshire? Domestic violence laws and facts - Bridges You will have to sign for the packet. Domestic Violence Emergency (DOVE) Project. Section: 631:2-a Simple Assault. Enforcing custody provisions in another state. A course of conduct is two or more acts. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Please help us help you. [00:00:00.670] - Marge Malfitani Section 631:2-b Domestic Violence. - New Hampshire General Court Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U. S. Department of Justice. A form called the Domestic Violence Confidential Information Sheet will be included in the packet for you to complete. Of course, under no circumstances should you bring weapons or sharp objects, and please do not bring any food or beverages into the courthouse. Can it be enforced in another state? The amount of the fee for the service is set by Sheriff's Department and the amount will vary by county. With a hearing notice where no temporary order was issued, law enforcement will hand deliver a packet to you. [00:08:03.170] - Hon. . [00:10:58.650] - Hon. Section 633:3-a Stalking. - New Hampshire General Court Susan Carbon The protocols were revised again in 2002 and have been reprinted and distributed to hundreds upon hundreds of professionals throughout the State. If the plaintiff does not withdraw the petition, then the petition will be given to the defendant by law enforcement. Member Programs - New Hampshire Coalition Against Domestic and Sexual [00:15:03.030] - Hon. After the final hearing, if the judge finds that you were abused, the court will issue final orders. To obtain the amount of the filing fee, please contact our call center at 1-855-212-1234 or review our fee schedule online at courts.state.nh.us. I was granted temporary custody with my out-of-state protective order. This section defines abuse (domestic violence) for the purposes of getting a protective order. Bring with you proof that service was made on the opposing party. Susan Carbon You may also bring witnesses. To learn more about that hearing, please watch the video on this website entitled what to Expect at a Final Domestic Violence or stalking Order of Protection hearing. Of the 21 domestic violence homicides committed between 2018 and 2019, 48% (n=10) were committed with firearms. [00:02:24.300] - Marge Malfitani 922 (2023).). 2023 State of New Hampshire All rights reserved, An official NEW HAMPSHIRE government website, Guidelines for Use of Cameras and Audio Equipment, Registration Process for Use of Cameras and Audio Equipment, Steering Committee on Diversity and Inclusion, Judicial Performance Evaluation Advisory Committee, New Hampshire Court Accreditation Commission, Introduction and Acknowledgments & Contributor List, CHAPTER 2 DEFINITIONS OF DOMESTIC VIOLENCE AND PROTECTED PERSONS, CHAPTER 5 COMMENCEMENT OF PROCEEDINGS AND TEMPORARY RELIEF AVAILABLE, CHAPTER 6 SERVICE OF PROCESS AND THE DEFENDANTS ANSWER, CHAPTER 8 FAILURE TO PROSECUTE, DISMISSALS AND WITHDRAWALS, CHAPTER 9 MODIFICATION AND EXTENSION OF DOMESTIC VIOLENCE PROTECTIVE ORDERS, CHAPTER 10 VIOLATIONS OF PROTECTIVE ORDERS AND CONTEMPT, CHAPTER 12 BAIL CRIMINAL ORDERS OF PROTECTION, CHAPTER 14 FIREARMS AND OTHER DEADLY WEAPONS IN CIVIL PROTECTIVE ORDER CASES, CHAPTER 15 FULL FAITH AND CREDIT FOR DOMESTIC VIOLENCE PROTECTION ORDERS, CHAPTER 16 SUPERVISED VISITATION AND ACCESS SERVICES, CHAPTER 19 BATTERER INTERVENTION PROGRAMS, F. Distinctions Between Orders Issued Under RSA 173-B and Other Orders of Protection or Restraining Orders, F. Instructions to Plaintiff for Final Hearing, C. Amendments to the Plaintiffs Petition, R. Mutual Restraining Orders and Cross-Orders for Relief, A. After you complete the form the court will notify the plaintiff of the earlier date. Susan Carbon Information about crimes the abuser may have committed in New Hampshire and victim assistance programs. Domestic Violence is a pattern of coercive behavior that is used by one person to gain power and control over another, which may include physical violence, sexual assault, emotional and psychological intimidation, verbal abuse, stalking, and economic control. We hope the protocols will be helpful in understanding and applying the law. Additional Resources. (Family Violence Prevention Fund. On the top portion of the complaint, fill in the court name, case name, and case number. 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. Write down what the defendant has done to you and when and why you are in immediate fear for your safety. This allows you time to prepare for the hearing and perhaps find a lawyer to assist you if you wish.

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