Rockingham County New Hampshire Restraining Order Attorney
In New Hampshire RSA 173-B:5, requires that any defendant whom an order is placed must surrender all firearms and ammunition. Also, they will also be prohibited from purchasing, receiving or possessing firearms or any type of deadly weapon.
The Court may also order that:
- A protective order that states: The defendant must refrain from abusing the plaintiff
- The defendant must refrain from entering the plaintiff's home unless accompanied by a law-enforcement agent
- The defendant must not contact the plaintiff or enter their place of employment, school or any other location frequently visited by the plaintiff
- The defendant must refrain from abusing the plaintiff, their relatives or any members of their household in any way
- The defendant must not take or damage any of the plaintiff's property to which they have "legal or equitable interest"
- Allowing the plaintiff exclusive use or possession of the place of residence in which they jointly own with the defendant
- Preventing the defendant from keeping any of the plaintiff's property. All property of the plaintiff must be returned to a peace officer
- Allowing the plaintiff exclusive use or possession of the any property, furnishings or joint possessions which they own with the defendant
- Ordering the defendant to make car, insurance, rent or mortgage payments
- Awarding temporary custody of the minor children to either party
- Establishing visitation rights of minor children
- Ordering the defendant pay financial support to plaintiff or to minor children that they have with the plaintiff
- Ordering the defendant to attend batter's intervention or personal counseling
- Ordering the defendant to pay attorney's fees
Portsmouth New Hampshire Restraining Order Attorney
Burden of Proof on a Restraining Order in New Hampshire
The plaintiff must establish that there is a credible threat and that they have been abused by the defendant.
New Hampshire law RSA 173-B:1, defines abuse as:
The commission or attempted commission of one or more of the acts described in subparagraphs (a) through (g) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner's safety. The court may consider evidence of such 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 petitioner to fear for his or her safety or well-being.
Call today for a Free Consultation with a Hampton New Hampshire Restraining or Protective Order Attorney.