NH Law About ...: Domestic Violence Protective Orders: Read The Law About ...

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New Hampshire Statutes

RSA 173-B. Protection of Persons From Domestic Violence
Domestic violence protective orders are issued under RSA 173-B, Protection of Persons from Domestic Violence. You will often see them called "restraining orders" but the phrase used in most of the statute is "protective order."
RSA 173-C. Confidential Communications Between Victims and Counselors
RSA 458. Annulment, Divorce and Separation
Restraining orders are also available under RSA 458:16.
RSA 461-A. Parental Rights and Responsibilities
See RSA 461-A:10
RSA 625. Criminal Code.
RSA 631. Assault and Related Offenses
See RSA 631:2-b, Domestic Violence.
RSA 632-A. Sexual Assault and Related Offenses
RSA 633. Interference With Freedom
See RSA 633:3-a Stalking.
RSA 634. Destruction of Property
RSA 635. Unauthorized Entries
RSA 644. Breaches of the Peace and Related Offenses

New Hampshire Cases

Opinions and Orders

Notice that one case below, Mallios v. Mallios, looks different from the others. The citations and the numbers following the parties' names, are different. That's because Mallios v. Mallios is a final order and the other two cases are opinions. There can be many orders issued in a case. A final order is the one that decides the merits of the case and concludes the court action. (At least until the order is appealed, stayed, reversed, amended, or modified.)

The court has authorized the publication of final orders for informational purposes only. A final order disposing of a case that has been briefed but in which no opinion is issued, does not have precedential value. Precedential value sets the standard for deciding later cases with similar facts or similar legal issues. Knight v. Maher and Achille v. Achille are opinions with precedential value. Mallios v. Mallios, while it may provide good information, cannot be relied upon to decide later cases.

Knight v. Maher, 161 N.H. 742 (2011)
The sole issue on appeal is whether the evidence supports the trial court's findings that the defendant committed one of the acts enumerated in RSA chapter 173-B, and that this conduct constituted a credible threat to the plaintiff's safety.
Achille v. Achille, 167 N.H. 706 (2015)
“To obtain relief under RSA chapter 173–B, a [petitioner] must show ‘abuse’ by a preponderance of the evidence.” “Abuse” is defined as having two elements: (1) commission or attempted commission of one or more of several criminal acts, and (2) a finding that such misconduct “constitute[s] a credible present threat to the petitioner's safety." The threshold misconduct that will support a finding of abuse need not immediately precede the filing of a domestic violence petition. The threat posed by such conduct to a petitioner's safety, however, must be ongoing. Incidents that are too distant in time and non-specific cannot support a finding of abuse under RSA chapter 173–B. Additionally, a petitioner must “show more than a generalized fear for personal safety based upon past physical violence and more recent non-violent harassment to support a finding that a credible threat to her safety exists.”
Mallios v. Mallios. Case No. 2016–0474. Order
The husband argues that the trial court erred in considering his assault on the wife, which occurred approximately one year before she filed the petition, because it was too distant in time and because the wife invited him to spend time with her and the children after it occurred. A trial court “may consider evidence of [predicate] acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the [plaintiff] to fear for ... her safety or well-being.” … Thus, the trial court may consider prior events that are relevant to its determination whether the defendant poses a present credible threat. … Although the passage of time is a factor for a trial court to consider, the nature and extent of the alleged misconduct are also important considerations.

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.