If another person causes you to be in fear for your safety, under New Hampshire law you can apply for a domestic violence protective order. The party requesting the protection is called the Petitioner.
If the event occurs on the weekend and there is a credible threat, local police can assist you with obtaining an Emergency Order of Protection until the next business day. On that first business day,
however, you must re-apply for protection at your local Circuit Court. If the Court believes there is a credible threat, they will issue a Temporary Order of Protection and schedule a Final Hearing in approximately 30 days.
At the Final Hearing, you can present evidence to support (or defend) your case. If the Court rules in favor of the Petitioner, a Final Order of Protection will be in effect for one year, barring all contact between the parties.
It is important that the Domestic Violence Petition be written accurately and completely as any allegations not included in the Petition will not be allowed to be heard at the hearing. The NH Judicial Branch website contains some information under the “Self-Help” section and local crisis centers can also provide assistance.
There are very specific rules/criteria that the Petitioner must satisfy in order to prevail.
The issuance of a temporary or final order of protection has repercussions for the Defendant. Depending on the restrictions issued by the Court in the order(s), it may interfere with the Defendant’s current or future employment.
It is, therefore, important to obtain legal counsel if you are either filing a request for a protective order, or have been served with one that was issued against you.
For more information on how Welts, White & Fontaine, P.C. can assist you with either applying for, or defending, a domestic violence/ restraining order, please contact us at (603) 883-0797.
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