Can a Restraining Order Protect You in New Hampshire?

File a Restraining Order Can a Restraining Order Protect You in New Hampshire?

How to Get a Restraining Order in New Hampshire

While New Hampshire is a relatively safe place to live, domestic violence and harassment can still occur. You should never feel shame about seeking out a restraining order in New Hampshire. Oftentimes, a restraining order is the only way for individuals and families to get peace of mind after abuse.

Given its benefits, you would think that getting a restraining order would be easy. However, between gathering proof and securing a court date, it gets surprisingly complicated. Fortunately, DoNotPay can guide you through any restraining order request, no matter where you're located.

How Does a Restraining Order Work in New Hampshire?

Typically, one seeks out a restraining order if they've become a victim of domestic violence. Domestic violence in New Hampshire can be:

  1. Committing assault that causes physical harm
  2. Threatening to cause you physical harm
  3. Kidnapping
  4. Abuse towards any minors or pets in your care
  5. Trespassing or defacing anything on your property
  6. Directly causing your false imprisonment

According to N.H. Rev. Stat § 173-B:1, you can use examples of these events at any time. This means that, even if it's been years since the abuse happened, your evidence still holds weight in court.

What Type of Restraining Order in New Hampshire Do I Need?

New Hampshire has two kinds of restraining orders:

Types of Protective Orders in New Hampshire:Used When:
Stalking Order of ProtectionUseful for plaintiffs with no prior relation to the defendant. It can be related to harassment or stalking, destruction of property, and other minor disagreements.
Domestic Violence Order of ProtectionUsually invoked for abusive disputes between spouses or other family members. It can also be used for two dating parties or close friends.

If you are in immediate danger, you should call 911 and request a temporary protective order. A judge will hear your case and fax you the order. They can also issue a verbal restraining order over the phone.

This temporary restraining order will only last through the next business day. If you need it to last longer, you must visit your local courthouse to apply for another order by yourself. Once you send in an application, your immediate hearing will be scheduled no later than five business days afterward.

If you're not in an emergency situation, you can take your time filing a restraining order request. The final order hearing is typically held 30 days after your initial filing date.

If the judge rules in the protected party's favor, the restraining order will remain in place for one year. After that, the initial order can be extended for up to five years. New Hampshire will also honor any restraining orders that have been issued in other states.

Who Can File for a Restraining Order in New Hampshire?

Anyone who can provide reasonable evidence of stalking and harassment can get a stalking order of protection. For domestic violence orders, you must be either:

  • A family member of the defendant
  • A housemate of the defendant
  • A former or current intimate partner of the defendant

It's completely free to file any restraining order in New Hampshire, and no lawyer is required to assist you.

How to Get a New Hampshire Restraining Order on Your Own

For a non-emergency restraining order hearing, follow these steps:

1. Download the appropriate form from this page.

2. Complete the form electronically, or take it to your local courthouse for assistance.

3. The form will have to be notarized by either a court clerk or a public notary before it can be received. You must be carrying a photo I.D. to have the notarization finalized.

4. The judge reviews your petition. Depending on their ruling, you will either be given a hearing date or have the order dismissed.

Your petition will then be served to the abusive party within ten days, at no cost to you. On the hearing date, both the proposed restrained and protected parties will have the chance to submit their evidence.

It seems simple, but compiling information and getting the form notarized is a tedious process. Additionally, if you can't prove that you've been a victim of assault, the judge may not even hear your case.

What to Expect After a Restraining Order Hearing

When you've successfully gotten a restraining order, the restrained party can no longer:

  • Visit your home, school, or place of employment without a law enforcement officer
  • Attempt to contact you at home, at work, or on vacation
  • Go near any animals or minor children in your care
  • Take anything from your property

Additionally, you can also request that the restraining order grant you:

  • Sole custody of any children
  • Sole ownership of a shared automobile, furniture, or personal vehicle
  • Protection against a spouse or housemate terminating any utilities or mortgages

However, this is usually only possible if you can prove your case successfully. DoNotPay can give you a detailed guide in just a few clicks.

Get Your New Hampshire Restraining Order Faster With DoNotPay

Victims who seek out restraining orders are likely in vulnerable and scary situations. They don't need any more stress on top of that, which is why DoNotPay's protection products are as simplistic as possible.

Here's how you can apply for a restraining order in New Hampshire with the help of DoNotPay:

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on our File a Restraining Order product.

     

  3. Submit the form and you’re done!

     

Through DoNotPay, restraining orders can be completed:

  • Faster than filling them out yourself
  • Without getting caught up in any complex legal jargon
  • With the confidence that DoNotPay will help you get peace and protection

DoNotPay Handles Any Restraining Order Problem

Do you need to report a restraining order violation, or have the order enforced once you've moved to a different state? DoNotPay has you protected from California to Texas and beyond.

If You Need Anything Else, Use DoNotPay

We understand that complaints and stalking protection proceedings can be challenging for many people. If you're frustrated with trying to report identity theft or dangerous neighbors the old-fashioned way, try DoNotPay instead.

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