Protective Orders in New Hampshire

Who qualifies

Under RSA 173-B:1, abuse means assault, criminal threatening, sexual assault, interference with freedom, destruction of property, unauthorized entry, harassment, or cruelty to animals. It must be committed by a family or household member or a current or former sexual or intimate partner. The conduct must be a credible present threat to the plaintiff's safety.

Family or household member includes spouses, ex-spouses, and people who live or used to live together. It also includes parents and other relatives by blood or marriage. Intimate partners means people currently or formerly in a romantic relationship, whether or not it was sexually consummated. A minor may seek a protective order against a present or former intimate partner, spouse, or ex-spouse without a parent or guardian.

Filing, temporary relief, and the 30-day hearing rule

Under RSA 173-B:3, a person files a petition in the circuit court for the county or district where either party lives. There is no filing fee and no fee for service of process. Under RSA 173-B:4, the court can enter temporary orders upon a showing of immediate and present danger. This can happen with or without actual notice to the defendant, including by telephone or fax.

A defendant served with a temporary order can request a hearing. That hearing must happen 3 to 5 business days after the request. RSA 173-B:3, VII sets the hearing deadline for the case as a whole. It requires a hearing within 30 days of filing the petition, or within 10 days of service on the defendant, whichever is later. That window can be extended by 10 more days for good cause.

Firearm relinquishment

New Hampshire's law requires firearm surrender as part of relief, not just as an option. Under RSA 173-B:5, a court that finds abuse by a preponderance of the evidence must order relinquishment. The defendant must surrender all firearms and ammunition to a peace officer. This lasts for as long as the protective order is in effect. The same mandatory relinquishment applies to temporary orders issued before the final hearing, under RSA 173-B:4. The court can also order relinquishment of other deadly weapons specified in the order.

Custody and other relief

A protective order can address more than contact and firearms. Under RSA 173-B:5, the court can restrain the defendant from the plaintiff's home, workplace, or school. It can order the defendant to stay away from the plaintiff's relatives and household members. The court can also award exclusive use of the residence to the plaintiff in some circumstances. Both temporary relief under RSA 173-B:4 and final relief under RSA 173-B:5 allow the court to award custody of minor children to either party. Custody can also go to the department of health and human services when that serves a child's best interest. The court can set or deny visitation, including requiring supervised visitation.

How it fits with other proceedings

RSA 173-B:3 states that a protective order proceeding does not preclude any other available civil or criminal remedy. Filing for a protective order does not stop or replace a separate divorce or custody case. The two can proceed at the same time. A protective order can include its own custody and parenting-time provisions. Because of that, a party in an active divorce or custody matter should tell both courts about the other case, so the orders can be coordinated.