The purpose of this video is to provide you with information about the court process for filing and responding to a petition for domestic violence or a stalking order of protection. Susan Carbon The plaintiff has a chance to ask questions after each witness, just like the defendant does. COMMENT Susan Carbon Family Law | New Hampshire Judicial Branch The amount of the fee for the service is set by Sheriff's Department and the amount will vary by county. It prohibits you from contacting the plaintiff and has other orders you must follow. (2) A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider. 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. Intimate partners include persons who are or were involved romantically. Orders of Protection and Restraining Orders - New Hampshire Judicial Branch Susan Carbon You can also ask the court to issue the following orders as part of the final orders: Once a protective order is in effect against the abuser, it is a crime for the abuser to violate the order. Call DOVE: 1-866-644-3574 for free legal help in court to get a court order to protect you from an abuser. For help with Criminal Annulment apply online. Basic informationabout custody in New Hampshire. If either of you have any documents, such as police reports or bills, that you want to give the court in support of your position, you must bring copies to give to the other party and to the court. Section: 631:3-a Conduct Involving Laser Pointing Devices. Please help us help you. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. There are community organizations that provide free and confidential support services to anyone who has been impacted by domestic violence, sexual violence, or stalking. There are three important parts to a final hearing that the plaintiff must show. 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. It also includes third party contact. A plaintiff may file a motion to request an extension of the final order. 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. Susan Carbon You should know the contact includes things like texts, instant messages, social media posts, and telephone calls. This may take as little as 30 minutes or until late in the day, depending on the judge's schedule that day. This means that the order of protection will determine visitation, not the parenting plan. Please note that photo identification is required if you are asking court staff to take your oath. This is called Amending the Petition. New Hampshire Legal Assistance Domestic Violence Advocacy Project. This will start a criminal case. 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. How do I know if my protective order is good under federal law? (Family Violence Prevention Fund. Weve provided your information to lawyers in your area. Court staff will provide you with a service packet that you will need to bring to the Sheriff's Department to be served on the opposing party. [00:14:29.450] - Hon. 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. These protocols, we hope, will be viewed and used by judicial officers and court personnel as a "best practices" manual. An abuser can even slip a small tracking device into your car, bag, pocket, or other belongings without your knowledge. Elder Abuse - New Hampshire Coalition Against Domestic and Sexual Violence You may use a justice or notary of your choice or one is available in the clerk's office if needed. That video has important information for plaintiffs and defendants about applying for protection orders and what a person should do if he or she is served with an order. Can I get a protective order against a same-sex partner? In that packet, there will also be a copy of the petition, a copy of the domestic violence or stalking order if one was issued, and the hearing notice with the date, time, and location of the final hearing. This is the fourth iteration of the Domestic Violence Protocols. There are 3 forms in this packet: Domestic Violence Petition, Defendant Information Sheet for Law Enforcement and Confidential Information Sheet. Do I have to register my protective order in New Hampshire in order to get it enforced? Information on stalking, resources, and ways to protect yourself. Throughout this process we have sought to maintain the delicate balance of constitutional safeguards so fundamental to our system of justice, for in the end, it is this proper balance which is the hallmark of our system of government. Both the plaintiff and the defendant are allowed to testify, which means to speak under oath about the information contained in the petition. Legal representation is allowed for each party in these cases. The court may enter a temporary order and schedule a hearing. III. New Hampshire Statutes - Table of Contents - New Hampshire General Court Document Format: PDF. You will have to sign for the packet. [00:09:24.030] - Hon. Thank you. PDF Law Enforcement Protocol - STATE OF NEW HAMPSHIRE [00:00:47.930] - Hon. Start Preamble AGENCY: Office on Violence Against Women, Department of Justice. An officer must inform the victim of their rights and can assist in transporting a victim and any children to a safe place, arranging medical treatment, or confiscating any firearms in the defendant's control. So please plan to be at the courthouse as early as possible. Before leaving the court, you will be given a copy of your petition and a certified copy of the order. This prohibition also applies while a protective order is in effect. [00:11:06.640] - Hon. [00:11:41.810] - Hon. [00:12:15.700] - Hon. The local police must promptly serve your abuser with a copy of the temporary or emergency protective order. Does it cost anything to register my protective order? Know the Laws - By State | WomensLaw.org Examples of qualifying acts are following or confronting a person or a person's immediate family member, causing damage to the person's property or the property of that person's immediate family, and multiple acts of communication. Home Students Guide to New Hampshire Courts Family Law Family Law Family Matters Family Division cases include divorce, parenting issues, child support, all juvenile matters and domestic violence. Susan Carbon ), Domestic violence or abuse can take many forms from physical assault to sexual assault, stalking, harassment, and harming a pet to control the victim. There was a problem with the submission. It is possible that the court may not grant a temporary order and let me explain what else could happen. On the top portion of the complaint, fill in the court name, case name, and case number. NH web design by Harbour Light Strategic Marketing. In cases of domestic violence, a judge can hold a defendant without bail if their release may endanger the victim or others. A current or former spouse, a person the plaintiff lives with or has lived with, but in some form of family or romantic relationship. Grounds for Denial of Return of Firearms and Ammunition, A. Protocol for Enforcement of Foreign Protective Orders, B. Protocol for Registration of Foreign Protective Orders, C. Protocols for the Issuance of New Hampshire Protective Orders, A. Transmittal of The Protective Order to the Registry, G. Proper Completion of the First Page of the Order and Defendant Information Sheet, A. A person who harms or threatens to harm a family member faces criminal charges, as well as risks being arrested, held in jail pretrial, and stripped of their right to have firearms. Susan Carbon If the court grants the extension, the defendant will be given a copy and also be given an opportunity to have a hearing with both parties present to explain why the order should not be extended. Additional Resources. I was granted temporary custody with my protective order. Fisher v. Minichiello,155 N.H. 188 (2007). New Hampshire Coalition Against Domestic and Sexual Violence PO Box 353, Concord, NH 03302-0353 (603) 224-8893. additional facts of any other past or present abuse by this person. Later in the process, you may be able to ask the court for them to be returned. First, a couple of reminders from the earlier video. There are three possible outcomes if the complaint is filed on a ex parte basis. There must be a particular relationship between a plaintiff and a defendant in a domestic violence case. We've helped 95 clients find attorneys today. The police will decide whether to arrest and prosecute him/her. Our Supporting Partners. If you need information on domestic violence protection, how to file for a protective order, or to get information about what legal help is available, go to www.courts.nh.gov/self-help or call NH's 24/7 statewide domestic violence helpline at 1-866-644-3574. New Hampshire law imposes additional restrictions and penalties on those suspected or convicted of committing domestic violence. (N.H. Rev. The Complaint for Restraining Order form may be found on the Judicial Branch website, or you may obtain a copy of the form from the Superior Court Clerk's Office. In some instances, the judge will order that you cannot possess firearms or ammunition. Registering your out-of-state order in New Hampshire. Section: 173-B:20 Duties of Coordinator. Please make arrangements in advance for the care of your children. It asks for information about the defendant's appearance, history, where he or she can be found, and about any weapons he or she may have. . The person who files the petition requesting a domestic violence or stalking protection order is called the plaintiff. Agency Information Collection Activities; Proposed eCollection A judge will then review the petition and decide if a temporary order of protection should be issued. [00:00:00.670] - Marge Malfitani New Hampshire law defines "domestic violence"what acts and by whom. The court may schedule a hearing without issuing a temporary order or the court may dismiss the complaint without hearing. [00:02:12.170] - Hon. [00:09:41.630] - Hon. If you are unable to afford the filing fee, you may file an application for a waiver of Superior Court fees and costs, a form for which may also be found on the Judicial Branch website or at the Superior Court Clerk's Office. For case specific information regarding New Hampshire's domestic violence laws contact a local criminal defense lawyer. Since this is a civil case and not a criminal case, the court cannot appoint an attorney to represent you. Serving means that a police officer gives the defendant a copy of the petition and the order in person, along with notice of the date and the time of the final hearing on the petition. Member Programs - New Hampshire Coalition Against Domestic and Sexual When a plaintiff files for domestic violence or stalking order of protection, he or she will usually file in the family or the district division of the circuit court where either the plaintiff or the defendant lives. If the plaintiff does not show up for the hearing, it is quite likely that the court will dismiss the case. Domestic Violence Laws | Hudson New Hampshire See all the case and services that the Family Division covers. First, a copy of your temporary protective order will be sent to the Department of Safety by computer. Let me take a moment to explain what those relationships are. Do I need anything special to get my protective order enforced? The person who files the petition requesting an order of protection is called the plaintiff. 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. What happens next? [00:07:47.190] - Hon. Susan Carbon (N.H. Rev. [00:04:52.370] - Hon. The judge will use a list of factors to decide if and how the defendant should be able to see the children. The person against whom the protection order is requested is called the defendant. [00:03:30.510] - Marge Malfitani Section: 631:2 Second Degree Assault. 159:3, 173-B:10, 594:10, 597:2 (2023); 18 U.S.C. A sheet called the Defendant Information Sheet for Law Enforcement is also included in the packet. If a final hearing is scheduled, it is very important that both the plaintiff and the defendant attend the hearing. Susan Carbon Susan Carbon This includes minors or parents or other family members who are related by blood or marriage. 2014 New Hampshire Revised Statutes - Justia Law NH web design by Harbour Light Strategic Marketing. Suing an Abuser for Money You may have a right to sue an abuser for medical costs, lost wages, and to recover your property. However, if the person used or threatened to use a deadly weapon, the punishment increases to a class B felony. The defendant must follow the terms of the order or risk being arrested for violating the order no matter where the violation occurs. If the defendant objects to a final order, it will be necessary for the defendant to also attend the hearing and also bring any witnesses he or she may ask to testify about the allegations of abuse. Susan Carbon [00:15:03.030] - Hon. Police hold the firearms until a judge decides what to do with them. The judge may allow visitation either supervised, supervised with security or unsupervised. A contempt hearing must be held within 14 days. In other words, it's helpful to begin with telling the court while you're filing the request on that particular day. 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. Both New Hampshire and federal law prohibit the possession of firearms for convicted felons. When the order is about to expire, the defendant may file a motion asking to have those items returned. Chapter 173-B PROTECTION OF PERSONS FROM DOMESTIC VIOLENCE When you go into any courthouse in New Hampshire, just like in an airport, you should expect to go through a security screen. PO Box 90249 Austin, Texas 78709; Administrative Line: 737-225-3150 You can also check out our Resources for Victims of Crime. You will have to empty your pockets into a container for examination along with anything else you brought. This is called being served. Who can file for a stalking protective order? Please see below for state-specific laws that might be useful for victims and survivors of domestic violence. Susan Carbon After you complete the form the court will notify the plaintiff of the earlier date. We greatly appreciate the assistance of Judge Kellys Office in Concord, and Marge Therrien of that office in particular. [00:04:10.310] - Hon. You may also bring witnesses. This page addresses some general (not state-specific) laws of one parent taking a child out of the state or country, without the other parents consent. III. Find contact information for 1) advocates in local domestic violence programs and shelters; 2) legal assistance organizations; 3) courthouse locations; and 4) sheriff departments. State Gun Laws If you are a victim of domestic violence, it may be illegal for the abuser to buy or have a gun. Please tell us how they can get in touch for a free consultation. You also have the right to request that hearing be held within three to five business days of the petition being filed. Do I need a lawyer? The purpose of this hearing is for the judge to decide if a final order should be issued. If there's additional information that you think the judge should know about at the hearing, then you must come to the court and write it down so that it may be added to the petition. Will the abuser be notified if I register my protective order? The judge can also order that the defendant stay away from where the plaintiff works, resides, or goes to school, and that the defendant not threatened to use physical force against the plaintiff or the party's children or pets. For the next few minutes, I'll be providing information for the plaintiff. Susan Carbon 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.. State-by-State - NCADV 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. Guidelines for Issuing Bail and Criminal Protective Orders Pending arraignment, B. Reconciling New Hampshire State Law and Federal Law, D. Return of Firearms, Ammunition and Other Deadly Weapons, 3. Both parties may bring evidence that relates to what is in the petition. Tell the judge about what you wrote down in your petition, if you have a history of being abused by your attacker, or if he or she has abused any other member of your family. [00:03:07.310] - Marge Malfitani Can it be enforced in another state? The State Police must make the protective order available to your local police department and sheriff. Domestic Violence, DOVE, crisis centers, sexual assault hotline. The Harvard Law School Library is here for you as you prepare for a new semester! 173-B:1, 173-B:9 631:1, 631:2-b, 632-A:4 (2023).). The judge will then decide whether to accept any of these materials as evidence in the case. Susan Carbon A brief description of the difference between state laws and federal laws. Each person should let the court security officer at the entrance to the court know that he or she is in court for a domestic violence or stalking final hearing. New Hampshire - Disarm Domestic Violence [00:02:02.600] - Marge Malfitani Domestic Violence and Sexual Assault Information | New Hampshire Legal Aid If the plaintiff appears and the defendant does not, the court will consider that the defendant has given up his or her right to object to the order. Typically, the judge will order that the plaintiff have sole custody in other words, decision making and residential responsibility, but may allow for visitation either supervised or unsupervised. Susan Carbon We're looking for attorney matches in your area. Acts of domestic violence can be punished criminally, and can also have an effect on the offender's family law rights, specifically related to divorce and child custody. [00:08:38.160] - Hon. If you have children in common with the abusive person, tell the judge whether you want to have them continue living with you and whether you want child or other financial support. Getting your protective order enforced in another state. Not like a College roommate where two people simply share an apartment together, a current or former sexual or intimate partner, someone the plaintiff is currently dating or has formerly dated, or someone with whom the plaintiff shares a child in common. If you need an order of protection during non-business hours, nights, weekends, or holidays, you may call your local police department to obtain an Emergency Order of Protection. A foreign mutual order for relief shall only be granted full faith and credit in New Hampshire if it meets the requirements set out in RSA 173-B:13, VII. After listening to both parties, the judge will need to decide if the facts presented support a finding of abuse under the law. Before I start talking about the court process, though, I want you to know this. Of the 21 domestic violence homicides committed between 2018 and 2019, 48% (n=10) were committed with firearms. Hello, my name is Susan Carbon and I'm a judge in the Circuit Court. If I briefly get back together with the abuser, does this make the order invalid? Susan Carbon If I get a protection order, will it show up in an internet search? New Hampshire Protective Orders Laws - FindLaw Skip to main content For Legal Professionals It may be difficult for you to write down what has happened, but if the information is not complete, the judge may not be able to issue an order. According to New Hampshire law, "abuse" happens when a family or household member, or current or former sexual or intimate partner commits or tries to commit one of the following crimes against you and the behavior causes a present threat to the your safety: assault; reckless conduct; criminal threatening; sexual assault; "If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in . After the first extension if the plaintiff is still afraid, he or she may request another extension for up to five years. It is not a complete list of all statutes related to domestic violence in this state. Typically, the judge will release the defendant on restrictive conditions, such as prohibiting contact with the victim and restricting possession of firearms. According to the New Hampshire Violence Against Men Survey one in 20 New Hampshire men reported being sexually assaulted; over two thirds (68%) of those assaults occurred before the victim's 18th birthday. The petition may be withdrawn by the plaintiff at any time. Causes for Divorce Please refresh the page and try again, served with a domestic abuse protective order, Do Not Sell or Share My Personal Information, persons who currently or formerly live(d) together as spouses, parents, or guardians, persons related by blood or marriage, and, place the victim in fear of imminent bodily injury, coerce the victim to submit to sexual contact, confine and prevent the victim's physical movement, prevent the victim from calling 911 or seeking emergency help, to stay away from and not contact the victim and other family or household members, not to abuse or threaten the victim or other family or household members, not to enter the victim's home (even a shared home with the defendant), and. Safety and Privacy Considerations for Victims
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