"Abuse" means the commission or attemtped commission of one or more of the following acts by a family member or household member or current or former sexual or intimate partner and where such conduct constitutes a credible threat to the plaintiff's safety:

(a) assault or reckless conduct

(b) criminal threatening

(c) sexual assault

(d) interference with freedom

(e) destruction of property

(f) unauthorized entry

(g) harassment

TEMPORARY ORDERS: A Domestic Violence Restraining Order or Protective Order is available to any individual who has been subject to actual or threatened physical violence by a household member, someone with who the individual has had an intimate relationship, or a family member by blood or marriage. (RSA 173-B)

The petition must be completed and presented to a District or Superior Court Judge in your area. The judge will either grant the order of protection, deny the order, or schedule a hearing for you and the perpetrator to attend and tell both sides of the issue. The temporary protective order lasts for 30 days.

TELEPHONIC/EMERGENCY ORDERS: Telephonic petitions can also be obtained when court is closed, on holidays, or during the weekend. To obtain one, contact the local police department. They will contact a judge by phone and have the restraining order granted. A telephonic petition lasts only until the end of the next court day. To obtain a temporary protective order, you must report to the court during the next business day.

IMMEDIATE HEARINGS: If an order is granted it is important to know that the defendant has a chance to have an immediate hearing. This will be scheduled by the court to take place between three and five days after the defendant requests the immediate hearing. You must be present at this hearing. The defendant will be allowed to give his/her side of the issue, and you will have an opportunity to tell your side. If you do not attend this hearing, the judge may dismiss the order. The court will notify you either by phone or mail if this hearing is to take place.

FINAL HEARINGS: If no immediate hearing is scheduled, the temporary protective order will be in effect for 30 days. After 30 days, there will be a permanent protective order hearing. On the date designated by the court, both parties will be given an opportunity to tell their side to the judge. It is important that you attend this hearing. If you do not, the judge will most likely dismiss the order. If the defendant does not attend or by considering the facts presented by both parties, the judge will either grant or deny this order. If the order is granted it will be in effect for one year.

You should come to a final hearing prepared to prove that you have been abused. Bring police reports, hospital/doctor reports, witnesses, medial bills, and other proof of the abuse and fears of imminent danger.

You may also address child support and visitation issues during the final hearing. However, any orders regarding child support and visitation are temporary. To address child support and visitation more permanently, you should go to Superior Court.

PROTECTIVE ORDER EXTENTIONS: At the end of one year, if you still feel in danger of abuse, you may file an extension at the court. It is wise to go to the court 30 days or so before it expires.

MODIFICATIONS: If you feel you need to make changes to the order at any time, you can go to the court and file a modification.

NEW BEGINNINGS COURT ADVOCATE: New Beginnings has advocates who can accompany you to court for support. We are not attorneys and cannot represent you. We can assist in legal matters by making appropriate referrals.

Violations of the Protective Order

If the perpetrator violates the protective order you should report it to the local police.

Violations include but are not limited to:

phone calls to your home, school, workplace, or other

contacting you via third parties

following you

driving past you yelling in a threatening manner

violating stipulations or conditions of the order

continued abuse

Usually you will be encouraged to file a MOTION FOR COMTEMPT if the protective order has been violated. The court can assist you in this process. This crisis center is also available for support should you feel the need to not go to court alone.

If you choose to go against the protective order by contacting the perpetrator, your choice may cause the judge to determine that your protective order is unnecessary and dismiss it.

It is recommended that you carry the original copy of the order with you at all times. You can also give a copy to the school your children attend, your school, your employer, daycare, parents, etc.

Final Hearing Preparation

Collect Evidence:

Get 3 copies of any medical records, medical bills, police documents, pictures, receipts, check stubs, etc. that you plan to use at your hearing. One copy is for you, one is for the defendant, and one is for the judge.

What to Expect in the Court Room:

When your case is called, follow the bailiff’s instructions. If the perpetrator is present and contesting the order, there will be a hearing. You will either sit at the table provided or stand in front of the judge. The clerk will usually swear you in, and the judge will ask why you brought the petition before the court. If you are using physical evidence, hand copies to the bailiff and s/he will give them to the judge and the defendant.

Describe the Incident:

You will be asked to describe the incident that prompted you to get a protective order.

Describe the most recent incident and past abuses, life threats, threats of physical violence, violations of the temporary order, and other important facts or details that you feel are important for the judge to hear. Make references to your physical evidence.

Tell the court why you are in danger of abuse by the defendant.

If you are asking for repayment of losses, make references to any expense you have incurred as a result of the abuse and/or attack. Medical bills, estimates to repair damage to your home, vehicles, personal possessions, lost time at work, motel costs, etc.

Child Support:

Both parents are expected to contribute to the support of the children. NH has established a guideline for support payments: one child is 25% of take home pay, two children are 33%, and three are 40%. Some judges will address the issue, while others will encourage a client to address this at the Superior Court Level.

Child Visitation:

What do you feel is reasonable visitation? What days, times, under what circumstances? Do you want the visits supervised? Who would be a good supervisor?

Your Needs:

Do you want or need use of the home, some furnishings, or a vehicle? If you are leaving a shared living space do you need to remove personal belongings? Do you need a police standby to do this? What other issues do you feel you need to address to the judge?

**It is recommended that you make a list of items you do not want to forget to address with the judge.**