Domestic Violence Protective Orders (RSA 173-B)

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 RSA 173-B is "protective order."

Restraining orders are also available under RSA 458:16.

See RSA 461-A:10.

See RSA 540:2, Termination of Tenancy, para. VII.

See RSA 625:9, Classification of Crimes.

See RSA 631:2-b, Domestic Violence.

See RSA 633:3-a Stalking.

18 U. S. C. §922(g)(8), is a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm.

"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."

"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."

'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.'

"When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment. ... Since the Founding, the Nation’s firearm laws have included regulations to stop individuals who threaten physical harm to others from misusing firearms. As applied to the facts here, Section 922(g)(8) fits within this tradition."