NH Law About... Domestic Violence

Introduction to... Domestic Violence

Posted February 18, 2014. Revised March 7, 2014, July 8, 2016.

When researching this topic, it is important to make a distinction between "restraining orders" and "domestic violence protective orders." The terms are often used interchangeably but they are not the same. Domestic violence protective orders are issued under RSA 173-B which defines domestic violence as the commission or attempted commission of assault or reckless conduct (RSA 631:1 through RSA 631:3), criminal threatening (RSA 631:4), sexual assault (RSA 632-A:2 through RSA 632-A:5), interference with freedom (RSA 633:1 through RSA 633:3-a), destruction of property (RSA 634:1 and RSA 634:2), unauthorized entry (RSA 635:1 and RSA 635:2), harassment (RSA 644:4), and cruelty to animals (RSA 644:8). The acts must be committed by a family or household member or by a current or former sexual or intimate partner. A restraining order is issued under either RSA 458 or RSA 461-A and is limited to parties involved in divorce or parenting proceedings. 

The Read About section of this guide refers to resources about the law and will provide context and key terms. Read the Law links to selected law on domestic violence protective orders. Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Domestic Violence

WEBSITES

New Hampshire Coalition Against Domestic and Sexual Violence. What is Domestic Violence?  GO>

Link verified on: July 8, 2016

Circuit Court. District Division - Domestic Violence Protocols

Link verified on: July 8, 2016

"An order issued under RSA 173-B is called a domestic violence protective order. ... It can be issued only after a finding of abuse and a finding of credible threat to the plaintiff's safety. ... An order issued under either RSA 458 or RSA 461-A is limited to parties involved in divorce or parenting proceedings. ... [I]is called a restraining order, not a domestic violence protective order. It generally restrains parties from having further contact with one another or speaking to one another in inappropriate terms. Unlike a domestic violence protective order issued under RSA 173-B, a restraining order issued under RSA 458 or 461-A may last indefinitely. Such orders are generally not entered into the national database, nor are defendants subject to firearms prohibitions. The court may issue mutual restraining orders under RSA 458. " (Ch. 1, p. 2)   GO>


PRINT

Basic family law. [Concord, New Hampshire] : New Hampshire Bar Association, copyright 2014.

Overview of the pro bono referral program / Virginia A. Martin -- RSA 173-B protection of persons from domestic violence / Charles L. Greenhalgh -- Starting a divorce or parenting case / Crystal M. Maldonado -- Mediation issues / James V. Ferro, Jr. -- Roadblocks to settlement in family law cases / James V. Ferro, Jr. -- Parental rights and responsibilities / Katherine J. Morneau -- Child support and financial affidavits / Catherine E. Shanelaris -- Alimony / L. Jonathan Ross -- Issues relating to property settlements / Margaret R. Kerouac -- Common ethical scenarios / Ronald J. Caron -- Supplement of domestic violence chapter / Charles L. Greenhalgh.   GO>

Link verified on: July 8, 2016

Family law / by Charles G. Douglas. New Providence, N.J. : LexisNexis, 2014. 4th ed.   GO>

Link verified on: February 22, 2017

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Read the law about... Domestic Violence

NEW HAMPSHIRE STATUTES

RSA 173-B. Protection of Persons From Domestic Violence  GO>

Link verified on: July 8, 2016

RSA 173-C. Confidential Communications Between Victims and Counselors  GO>

Link verified on: July 8, 2016

RSA 631. Assault and Related Offenses  GO>

Link verified on: July 8, 2016

RSA 632-A. Sexual Assault and Related Offenses   GO>

Link verified on: February 7, 2017

RSA 633. Interference With Freedom  GO>

Link verified on: July 8, 2016

RSA 634. Destruction of Property  GO>

Link verified on: July 8, 2016

RSA 635. Unauthorized Entries  GO>

Link verified on: July 8, 2016

RSA 644. Breaches of the Peace and Related Offenses  GO>

Link verified on: October 3, 2016

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: February 22, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

FEDERAL STATUTES

18 U.S.C. 875. Crimes. Extortion and Threats. Interstate Communications

Link verified on: October 3, 2016

Scroll down the page to see the text of the law.   GO>

18 U.S.C. 922. Crimes. Firearms. Unlawful Acts  GO>

Link verified on: October 3, 2016

18 U.S.C. Ch. 110A. Crimes. Domestic Violence and Stalking

Link verified on: July 8, 2016

Scroll down to see the text of the law.   GO>

47 U.S.C. 223. Telegraphs, Telephones, and Radiotelegraphs. Wire or Radio Communication. Obscene or Harassing Telephone Calls in the District of Columbia or in Interstate or Foreign Communications  GO>

Link verified on: October 3, 2016


FORMS

Domestic Violence Petitions

Link verified on: July 8, 2016

New Hampshire Domestic Violence Petitions are not available online, they must be obtained from the court. This link leads to the "Find Your Court" page of the New Hampshire Judicial Branch.   GO>

Circuit Court. Family Division. How to File a Domestic Violence Restraining Order   GO>

Link verified on: July 8, 2016


FOR MORE HELP ...

The Domestic Violence Emergency (DOVE) Project  GO>

Link verified on: July 8, 2016

New Hampshire Legal Assistance. Domestic Violence Advocacy Project.  GO>

Link verified on: July 8, 2016


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