NH Law About ...: Stalking: Read About The Law ...

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COVID-19

Due to the COVID-19 pandemic, beginning May 26, 2020 and until further notice, individuals may be able to file a Domestic Violence or Stalking Petition electronically into a specially created email box by contacting a Crisis Center or Family Justice Center. Individuals are still able to file Domestic Violence and Stalking petitions in person at any Circuit Court location.

Online

Circuit Court. District Division. Stalking
The District Division handles cases involving allegations of stalking. Petitions are filed with the court by individuals who believe they are victims of stalking.
New Hampshire Legal Aid. Stalking
Stalking is a crime in New Hampshire under RSA 633:3-a. According to the law, it is illegal to purposely engage in two or more acts that cause a reasonable person to fear for his or her, or a family member's, safety.
New Hampshire Legal Aid. Stalking and Protective Orders
If you are being stalked, you can get a protective order under the same procedures as victims of domestic violence. You do not have to have had any kind of relationship with the stalker to get protection. You should go to the District Court in either your county, or the county where the stalker lives.
SPARC. Stalking Incident and Behavior Log
If you are a victim of stalking, it can be critical to maintain a log of stalking-related incidents and behavior, especially if you choose to engage with the criminal or civil justice systems. Recording this information will help to document the behavior for protection order applications, divorce and child custody cases, or criminal prosecution. It can also help preserve your memory of individual incidents about
which you might later report or testify.
New Hampshire. Dept. of Justice. Law Enforcement Manual. 2020
Unlike a domestic violence protective order, a stalking victim is not required to prove a prior relationship in order to petition for a protective order under RSA 633:3-a.However, if the victim and the stalker are members of the same family or household, or are intimate partners, the victim should be encouraged to seek a domestic violence protective order under RSA chapter 173-B.
Governor's Commission on Domestic and Sexual Violence and Office of the Attorney General. Stalking Protocol: a Model for Law Enforcement. 2009
Stalking is not, by definition, a one-time criminal act but a series of repeat acts of victimization, a pattern of behavior, and/or a course of conduct. It may involve a mix of patently criminal acts and behavior that, in another context, would be considered benign and non-criminal.

For More Information ...

United States. Dept. of Justice. Bureau of Justice Statistics. Stalking
The federal government, all 50 states, the District of Columbia, and U.S. territories have criminal laws to address stalking. The legal definition for stalking varies across jurisdictions.
United States. Government Accountability Office. Smartphone Data : information and issues regarding surreptitious tracking apps that can facilitate stalking. April 2016
Smartphone tracking apps exist that allow a person to not only surreptitiously track another person’s smartphone location information, but also surreptitiously intercept the smartphone’s communications—such as texts, e-mails, and phone calls. This type of monitoring—without a person’s knowledge or consent—can present serious safety and privacy risks.
14 A.L.R.7th Art. 4. Validity, Construction, and Application of State Civil Stalking Statutes
This article collects and analyzes cases in which the courts have determined the validity of, or have construed and applied, state civil stalking statutes.
26 A.L.R.7th Art. 6. Validity, Construction, and Application of State Cyberstalking Laws
"Cyberstalk" has been statutorily defined to mean to engage in a course of conduct to communicate, or cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
50 A.L.R. Fed. 2d 189. Validity, Construction, and Application of Provisions of Federal Interstate Stalking Statute, 18 U.S.C.A. § 2261A
The interstate stalking statute, 18 U.S.C.A. § 2261A, was enacted in 1996 as part of the Violence Against Women Act (VAWA). Stated broadly, 18 U.S.C.A. § 2261A prohibits defendants from traveling across state lines with the intent to injure or harass another person, and in the course of such travel, or as a result of it, placing the person or a member of the person's immediate family in fear of death or serious bodily injury.
32 Causes of Action 2d 487. Cause of Action by Victim of Stalking Against Stalker and Third Parties
This article discusses tort claims for stalking. This article also includes discussion of causes of action against third parties for primary liability or secondary liability for stalking. Although detailed discussion of cyberstalking is beyond the scope of this article, it will be briefly commented upon, especially since it is a rapidly developing and important extension of the concept of stalking.

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.