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Abuse Laws
New Hampshire
2001
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State
of New Hampshire Revised Statutes
Title XII Public Safety and Welfare
Chapter 173-B: Protection of Persons From Domestic Violence
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173-B:1
Definitions
In this chapter:
I. "Abuse" means the commission
or attempted commission of one or more of the following acts
by a family or household member or current or former sexual
or intimate partner and where such conduct constitutes a credible
threat to the plaintiff's safety:
(a)
Assault or reckless conduct as defined in RSA 631:1 through
RSA 631:3. (b)
Criminal threatening as defined in RSA 631:4.
(c)
Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5.
(d)
Interference with freedom as defined in RSA 633:1 through
RSA 633:3-a.
(e)
Destruction of property as defined in RSA 634:1 and RSA 634:2.
(f)
Unauthorized entry as defined in RSA 635:1 and RSA 635:2.
(g)
Harassment as defined in RSA 644:4.
II.
"Applicant" means any private, town, city, or regional agency
or organization applying for funds under RSA 173-B:16.
III.
"Commissioner" means the commissioner of the department of health
and human services.
IV.
"Contact" means any action to communicate with another either
directly or indirectly, including, but not limited to, using
any form of electronic communication, leaving items, or causing
another to communicate in such fashion.
V.
"Coordinator" means the agency or organization appointed by
the commissioner to administer the domestic violence grant program.
VI.
"Cross orders for relief" means separate orders granted to parties
in a domestic violence situation where each of the parties has
filed a petition pursuant to this chapter on allegations arising
from the same incident or incidents of domestic violence.
VII.
"Deadly weapon" means "deadly weapon" as defined in RSA 625:11,
V.
VIII.
"Department" means the department of health and human services.
IX.
"Domestic violence" means abuse as defined in RSA 173-B:1, I.
X.
"Family or household member" means:
(a)
Spouses, ex-spouses, persons cohabiting with each other, and
persons who cohabited with each other but who no longer share
the same residence. (b)
Parents and other persons related by consanguinity or affinity,
other than minor children who reside with the defendant.
XI.
"Firearm" means any weapon, including a starter gun, which will
or is designed to or may readily be converted to expel a projectile
by force of gunpowder.
XII.
"Foreign protective order" means an order enforceable under
RSA 173-B:13.
XIII.
"Fund" means the special fund for domestic violence programs
established by RSA 173-B:15.
XIV.
"Grantee" means any private, town, city, or regional agency
or organization receiving funds under RSA 173-B:16.
XV.
"Intimate partners" means persons currently or formerly involved
in a romantic relationship, whether or not such relationship
was ever sexually consummated.
XVI.
"Mutual order for relief" means an order restraining both parties
from abusing the other originating from a petition filed by
one of the parties and arising from the same incident or incidents
of domestic violence.
XVII.
"Program" means services or facilities provided to domestic
violence victims.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:2
Jurisdiction and Venue
I. All district courts shall have concurrent jurisdiction with
the superior court over all proceedings under this chapter.
II. If the plaintiff has left the household or premises to avoid
further abuse, the plaintiff shall have the option to commence
proceedings pursuant to RSA 173-B:3 in the county or district
where the plaintiff temporarily resides.
III.
Proceedings under this chapter may be transferred to another
court upon the motion of any party or of the court as the interests
of justice or the convenience of the parties may require.
IV.
In any county where the family division is located, the family
division shall have jurisdiction over domestic violence cases
consistent with 1995, 152.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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P
173-B:3
Commencement of Proceedings; Hearing
I. Any person may seek relief pursuant to RSA 173-B:5 by filing
a petition, in the county or district where the plaintiff or
defendant resides, alleging abuse by the defendant. Any person
filing a petition containing false allegations of abuse shall
be subject to criminal penalties. Notice of the pendency of
the action and of the facts alleged against the defendant shall
be given to the defendant, either personally or as provided
in paragraph III. The plaintiff shall be permitted to supplement
or amend the petition only if the defendant is provided an opportunity
prior to the hearing to respond to the supplemental or amended
petition. All petitions filed under this section shall include
the home and work telephone numbers of the defendant, if known.
Notice of the whereabouts of the plaintiff shall not be revealed
except by order of the court for good cause shown. Any answer
by the defendant shall be filed with the court and a copy shall
be provided to the plaintiff by the court.
II.
(a)
The minority of the plaintiff shall not preclude the court
from issuing protective orders against a present or former
intimate partner, spouse, or ex-spouse under this chapter. (b)
A minor plaintiff need not be accompanied by a parent or guardian
to receive relief or services under this chapter.
III.
No filing fee or fee for service of process shall be charged
for a petition or response under this section, and the plaintiff
or defendant may proceed without legal counsel. Either a peace
officer or the sheriff's department shall serve process under
this section. Any proceeding under this chapter shall not preclude
any other available civil or criminal remedy.
IV.
The clerks of the district and superior courts shall supply
forms for petitions and for relief under this chapter designed
to facilitate pro se proceedings. All such petitions shall contain
the following words: I swear that the foregoing information
is true and correct to the best of my knowledge. I understand
that making a false statement on this petition will subject
me to criminal penalties.
V.
Upon entry of any action in a district court, where the court
determines that there is pending in the superior court a cause
of action involving the same parties arising out of the same
situation on which the district court action is based, the case
shall be transferred to the superior court to be heard as if
originally enteredin the superior court, unless the district
court determines that the interests of justice or expediency
require the district court to exercise jurisdiction. Any transfer
to the superior court under this paragraph shall be made as
soon as practicable following entry of the action.
VI.
The findings of facts shall be final, but questions of law may
be transferred from the district court to the supreme court
in the same manner as from the superior court.
VII.
The court shall hold a hearing within 30 days of the filing
of a petition under this section or within 10 days of service
of process upon the defendant, whichever occurs later.
VIII.
In any proceeding under this chapter, the court shall not be
bound by the technical rules of evidence and may admit evidence
which it considers relevant and material.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:4
Temporary Relief
I. Upon a showing of an immediate and present danger of abuse,
the court may enter temporary orders to protect the plaintiff
with or without actual notice to defendant. The court may issue
such temporary orders by telephone or facsimile. Such telephonically
issued orders shall be made by a district or superior court
judge to a law enforcement officer, shall be valid in any jurisdiction
in the state, and shall be effective until the close of the
next regular court business day. Such orders shall be returnable
to the district court where the plaintiff resides or to which
the plaintiff has fled, unless otherwise ordered by the issuing
justice. If non-telephonic temporary orders are made ex parte,
the party against whom such relief is issued may file a written
request with the clerk of the court and request a hearing on
such orders. Such hearing shall be held no less than 3 business
days and no more than 5 business days after the request is received
by the clerk. Such hearings may constitute the final hearing
described in RSA 173-B:3, VII. Such temporary relief may direct
the defendant to relinquish to a peace officer any and all firearms
and ammunition in the control, ownership, or possession of the
defendant, or any other person on behalf of the defendant for
the duration of the protective order. Other temporary relief
may include:
(a)
Protective orders:
(1)
Restraining the defendant from abusing the plaintiff. (2)
Restraining the defendant from entering the premises and
curtilage where the plaintiff resides, except when the defendant
is accompanied by a peace officer and, upon reasonable notice
to the plaintiff, is allowed entry by the plaintiff for
the sole purpose of retrieving toiletries, medication, clothing,
business equipment, and any other items as determined by
the court.
(3)
Restraining the defendant from withholding items of the
plaintiff's personal property which are specified in the
order. A peace officer shall accompany the plaintiff in
retrieving such property to protect the plaintiff.
(4)
Awarding custody of minor children to either party or, upon
actual notice, to the department when it is in the best
interest of a child.
(5)
Denying the defendant visitation, ordering that visitation
shall be supervised, or ordering a specific visitation schedule.
Visitation shall only be ordered on an ex parte basis where
such order can be entered consistent with the following
requirements. In determining whether visitation can be safely
ordered, the court shall consider the following factors:
(A)
The degree to which visitation exposes the plaintiff or
the children to physical or psychological harm. (B)
Whether the risk of physical or psychological harm can
be removed by ordering supervised visitation.
(C)
Whether visitation can be ordered without requiring the
plaintiff and defendant to have contact regarding the
exchange of children.
(6)
Restraining the defendant from contacting the plaintiff
or entering the plaintiff's place of employment, school,
or any specified place frequented regularly by the plaintiff
or by any family or household member. (7)
Restraining the defendant from abusing the plaintiff, plaintiff's
relatives, regardless of their place of residence, or plaintiff's
household members in any way.
(8)
Restraining the defendant from taking, converting, or damaging
property in which the plaintiff may have a legal or equitable
interest.
(9)
Directing the defendant to relinquish to the peace officer,
in addition to the relief specified in RSA 173-B:4, I, any
and all deadly weapons specified in the protective order
that are in the control, ownership, or possession of the
defendant, or any other person on behalf of the defendant,
for the duration of the protective order.
(b)
Other relief, including but not limited to:
(1)
Awarding to the plaintiff the exclusive use and possession
of an automobile, home, and household furniture, if the
defendant has the legal duty to support the plaintiff or
the plaintiff's minor children, or the plaintiff has contributed
to the household expenses. The court shall consider the
type and amount of contribution to be a factor. (2)
Restraining the defendant from taking any action which would
lead to the disconnection of any and all utilities and services
to the parties' household, or the discontinuance of existing
business or service contracts, including, but not limited
to, mortgage or rental agreements.
II.
The defendant may be prohibited from purchasing, receiving,
or possessing any deadly weapons and any and all firearms and
ammunition for the duration of the order. The court may subsequently
issue a search warrant authorizing the peace officer to seize
any deadly weapons specified in the protective order and any
and all firearms and ammunition, if there is probable cause
to believe such firearms and ammunition and specified deadly
weapons are kept on the premises or curtilage of the defendant
and if the court has reason to believe that all such firearms
and ammunition and specified deadly weapons have not been relinquished
by the defendant.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:5
Relief
I. A finding of abuse shall mean the defendant represents a
credible threat to the safety of the plaintiff. Upon a showing
of abuse of the plaintiff by a preponderance of the evidence,
the court shall grant such relief as is necessary to bring about
a cessation of abuse. Such relief shall direct the defendant
to relinquish to the peace officer any and all firearms and
ammunition in the control, ownership, or possession of the defendant,
or any other person on behalf of the defendant for the duration
of the protective order. Other relief may include:
(a)
Protective orders:
(1)
Restraining the defendant from abusing the plaintiff. (2)
Restraining the defendant from entering the premises and
curtilage where the plaintiff resides, except when the defendant
is accompanied by a peace officer and is allowed entry by
the plaintiff for the sole purpose of retrieving personal
property specified by the court.
(3)
Restraining the defendant from contacting the plaintiff
or entering the plaintiff's place of employment, school,
or any specified place frequented regularly by the plaintiff
or by any family or household member.
(4)
Restraining the defendant from abusing the plaintiff, plaintiff's
relatives, regardless of their place of residence, or plaintiff's
household members in any way.
(5)
Restraining the defendant from taking, converting, or damaging
property in which the plaintiff may have a legal or equitable
interest.
(6)
Directing the defendant to relinquish to the peace officer,
in addition to the relief specified in RSA 173-B:5, I, any
and all deadly weapons specified in the protective order
that are in the control, ownership, or possession of the
defendant, or any other person on behalf of the defendant.
(b)
Other relief including, but not limited to:
(1)
Granting the plaintiff the exclusive use and possession
of the premises and curtilage of the plaintiff's place of
residence, unless the defendant exclusively owns or leases
and pays for the premises and the defendant has no legal
duty to support the plaintiff or minor children on the premises. (2)
Restraining the defendant from withholding items of the
plaintiff's personal property specified by the court. A
peace officer shall accompany the plaintiff in retrieving
such property to protect the plaintiff.
(3)
Granting to the plaintiff the exclusive right of use and
possession of the household furniture, furnishings, or a
specific automobile, unless the defendant exclusively owns
such personal property and the defendant has no legal duty
to support the plaintiff or minor children.
(4)
Ordering the defendant to make automobile, insurance, health
care, utilities, rent, or mortgage payments.
(5)
Awarding temporary custody of the parties' minor children
to either party or, where appropriate, to the department,
provided that:
(A)
Where custody of the parties' minor children with the
department may be appropriate, the department shall receive
actual notice of the hearing 10 days prior to such hearing
provided that, if necessary, such hearing may be continued
10 days to provide the department adequate notice. (B)
The department may move at any time to rescind its custody
of the parties' minor children.
(6)
Establishing visitation rights with regard to the parties'
minor children. The court shall consider, and may impose
on a custody award, conditions necessary to assure the safety
of the plaintiff and minor children. This may include orders
denying visitation or requiring supervised visitation, where
such order can be entered consistent with the following
requirements. In determining whether visitation shall be
granted, the court shall consider whether visitation can
be exercised by the non-custodial parent without risk to
the plaintiff's or children's safety. In making such determination,
the court shall consider, in addition to any other relevant
factors, the following:
(A)
The degree to which visitation exposes the plaintiff or
the children to physical or psychological harm. (B)
Whether the risk of physical or psychological harm can
be removed by ordering supervised visitation.
(C)
Whether visitation can be ordered without requiring the
plaintiff and defendant to have contact regarding the
exchange of children.
(7)
Directing the defendant to pay financial support to the
plaintiff or minor children, unless the defendant has no
legal duty to support the plaintiff or minor children. (8)
Directing the abuser to engage in a batterer's intervention
program or personal counseling. If available, such intervention
and counseling program shall focus on alternatives to aggression.
The court shall not direct the plaintiff to engage in joint
counseling services with the defendant. Court-ordered and
court-referred mediation of cases involving domestic violence
shall be prohibited.
(9)
Ordering the defendant to pay the plaintiff monetary compensation
for losses suffered as a direct result of the abuse which
may include, but not be limited to, loss of earnings or
support, medical and dental expenses, damage to property,
out-of-pocket losses for injuries sustained, and moving
and shelter expenses.
(10)
Ordering the defendant to pay reasonable attorney's fees.
II.
The defendant shall be prohibited from purchasing, receiving,
or possessing any deadly weapons and any and all firearms and
ammunition for the duration of the order. The court may subsequently
issue a search warrant authorizing a peace officer to seize
any deadly weapons specified in the protective order and any
and all firearms and ammunition, if there is probable cause
to believe such firearms and ammunition and specified deadly
weapons are kept on the premises or curtilage of the defendant.
III.
Reconciliation after a previous order, prior to filing the current
action, shall not be grounds for denying or terminating a new
or existing protective order. Furthermore, the court shall not
deny the plaintiff protective orders based solely on a lapse
of time between an act of domestic violence and the filing of
a petition, provided that the underlying act presents a credible
threat to the plaintiff's current safety.
IV.
No order made under this section shall supersede or affect any
court order pertaining to the possession of a residence; household
furniture; custody of children pursuant to RSA 169-B, 169-C,
or 169-D; support or custody made under RSA 458; or custody
of children of unwed parents as determined by a superior court,
probate court, or family division court, or title to real or
personal property.
V.
(a)
Mutual orders for relief shall not be granted. A foreign mutual
order for relief shall only be granted full faith and credit
in New Hampshire if it meets the requirements set out in RSA
173-B:13, VII. (b)
Cross orders for relief may be granted only if:
(1)
The court has made specific findings that each party has
committed abuse against the other; and (2)
The court cannot determine who is the primary physical aggressor.
VI.
Any order under this section shall be for a fixed period of
time not to exceed one year, but may be extended by order of
the court upon a motion by the plaintiff, showing good cause,
with notice to the defendant. A defendant shall have the right
to a hearing on the extension of any order under this paragraph
to be held within 30 days of the extension. The court shall
retain jurisdiction to enforce and collect the financial support
obligation which accrued prior to the expiration of the protective
order.
VII.
Both parties shall be issued written copies of any orders issued
by the court, and all orders shall bear the following language:
"A willful violation of this order is a crime, as well as contempt
of court. Violations of the protective provisions shall result
in arrest and may result in imprisonment." Orders shall clearly
state how any party can request a further hearing and how the
plaintiff may bring a criminal complaint if there is a violation
of any court order.
VIII.
(a)
No order issued under this chapter shall be modified other
than by the court. Temporary reconciliations shall not revoke
an order. (b)
If either party wishes the defendant to be excused from any
provisions of an order of protection, the remedy is to petition
the court for modification of such order.
(c)
A defendant who is restrained from contacting the plaintiff
or entering the premises of the plaintiff is prohibited from
doing so even if invited by the plaintiff unless the restraining
order has been modified by the court.
(d)
This paragraph shall give unequivocal direction to peace officers
that orders for protection are to be enforced as written and
that no action by a party relieves them of the duty to enforce
the order.
VIII-a.
Upon issuing an order against a defendant, in which a defendant
is restrained from having any contact with the plaintiff, the
court shall advise the plaintiff that it would be unwise and
possibly unsafe for the plaintiff to contact the defendant.
If the plaintiff wishes to contact the defendant for any reason,
the court shall advise the plaintiff that such contact be made
only after petitioning the court for a modification of the order.
In an emergency situation, the plaintiff or plaintiff's family
may request that the local police department notify the defendant
and the local police may accompany the defendant to a designated
location, such as a hospital, if appropriate.
IX.
(a)
A copy of each protective order issued under this chapter
shall be transmitted to the administrative office of the courts
by facsimile or computer. An emergency protective order issued
telephonically shall be transmitted by telephone or facsimile
to the department of safety. (b)
The administrative office of the courts shall enter information
regarding the protective orders into the state database which
shall be made available to police and sheriff departments
statewide. The department of safety shall make available information
regarding emergency protective orders issued telephonically
to police and sheriff departments statewide.
(c)
The administrative office of the courts shall update the database
upon expiration or termination of a protective order.
(d)
Notwithstanding any other provision of law, the administrative
office of the courts or the department of safety, its employees
and agents, and law enforcement officials shall not be held
criminally or civilly liable for action taken under this chapter
or RSA 458:16, provided they are acting in good faith and
without gross negligence, and within the scope of their duties
and authority.
X.
(a)
Within 15 days prior to the expiration of the protective orders,
the defendant may request, by motion to the court, the return
of any and all firearms and ammunition and specified deadly
weapons held by the law enforcement agency while the protective
order was in effect. Upon receipt of such a motion, the court
shall schedule a hearing no later than 15 days after the expiration
of the order. The court shall provide written notice to the
plaintiff who shall have the right to appear and be heard,
and to the law enforcement agency which has control of the
firearms, ammunition, and specified deadly weapons. The scope
of the hearing shall be limited to:
(1)
Establishing whether the defendant is subject to any state
or federal law or court order that precludes the defendant
from owning or possessing a firearm; and (2)
Under circumstances where the plaintiff has requested an
extension of the protective order, whether the plaintiff
has established by a preponderance of the evidence that
the defendant continues to represent a credible threat to
the safety of the plaintiff.
(b)
If the court finds that the defendant is not subject to any
state or federal law or court order precluding the ownership
or possession of firearms, or if the court denies the plaintiff's
request to extend the protective order, the court shall issue
a written order directing the law enforcement agency to return
the requested firearms, ammunition, or deadly weapon to the
defendant. (c)
Law enforcement agencies shall not release firearms and ammunition
and specified deadly weapons without a court order granting
such release. The law enforcement agency may charge the defendant
a reasonable fee for the storage of any firearms and ammunition
and specified deadly weapons taken pursuant to a protective
order. The fee shall not exceed the actual cost incurred by
the law enforcement agency for the storage of the firearms
and ammunition and specified deadly weapons. The defendant
may make alternative arrangements with a federally licensed
firearms dealer for the storage of firearms, at the defendant's
own expense, upon approval of the court. Such firearms shall
be turned over to the appropriate law enforcement agency for
transfer to the storage facility. Retrieval of such firearms
shall be through the law enforcement agency responsible for
their transfer to the storage facility pursuant to a court
order as prescribed in this paragraph.
(d)
No law enforcement agency shall be held liable for alleged
damage or deterioration due to storage or transportation to
any firearms and ammunition and specified deadly weapons held
by a law enforcement agency, so long as due care is used.
Source.
1999, 240:3, eff. Jan. 1, 2000. 2000, 230:1, eff. July 1, 2000.
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173-B:6
Guardian Ad Litem
In all proceedings under this chapter, the court may appoint
a guardian ad litem to represent the interests of the children
of either or both parties. The guardian ad litem may continue
to serve after the final disposition of the case.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:7
Minority not a Preclusion for Services
The minority of any individual seeking assistance from any domestic
violence program, as defined by RSA 173-B:1, shall not preclude
provision of such requested services.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:8
Notification
I. A copy of any order made under this chapter which prohibits
any person from abusing another shall be promptly transmitted
to the local law enforcement agency having jurisdiction to enforce
such order.
II. Temporary orders shall be promptly served on the defendant
by a peace officer. Subsequent orders shall be sent to the defendant's
last address of record. The defendant shall be responsible for
informing the court of any changes of address. Law enforcement
agencies shall establish procedures whereby a peace officer
at the scene of an alleged violation of such an order may be
informed of the existence and terms of such order.
III.
Any court-ordered changes or modifications of the order shall
be effective upon issuance of such changes or modifications,
and shall be mailed or otherwise provided to the appropriate
local law enforcement agency and transmitted to the department
of safety within 24 hours of the entry of such changes or modifications.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:9
Violation of Protective Order; Penalty
I.
(a)
When the defendant violates either a temporary or permanent
protective order issued or enforced under this chapter, peace
officers shall arrest the defendant and ensure that the defendant
is detained until arraignment. Such arrests may be made within
6 hours without a warrant upon probable cause, whether or
not the violation is committed in the presence of a peace
officer. (b) Subsequent to an arrest, the peace officer shall seize
any firearms and ammunition in the control, ownership, or
possession of the defendant and any deadly weapons which may
have been used, or were threatened to be used, during the
violation of the protective order. The law enforcement agency
shall maintain possession of the firearms, ammunition, or
deadly weapons until the court issues an order directing that
the firearms, ammunition, or deadly weapons be relinquished
and specifying the person to whom the firearms and ammunition
or deadly weapons will be relinquished.
II.
The prosecution and sentencing for criminal contempt for a violation
of a protective order shall not preclude the prosecution of
or sentencing for other criminal charges underlying the contempt.
III.
A person shall be guilty of a class A misdemeanor if such person
knowingly violates a protective order issued under this chapter,
or RSA 458:16, III, or any foreign protective order enforceable
under the laws of this state. Charges made under this chapter
shall not be reduced to a lesser charge, as permitted in other
instances under RSA 625:9.
IV.
Any person convicted under RSA 173-B:9, III, or who has been
convicted in another jurisdiction of violating a protective
order enforceable under the laws of this state, who, within
6 years of such conviction or the completion of the sentence
imposed for such conviction, whichever is later, subsequently
commits and is convicted of one or more offenses involving abuse
may be charged with an enhanced penalty for each subsequent
offense as follows:
(a)
There shall be no enhanced charge under this section if the
subsequent offense is a class A felony or an unclassified
felony; (b)
If the subsequent offense would otherwise constitute a class
B felony, it may be charged as a class A felony;
(c)
If the subsequent offense would otherwise constitute a class
A misdemeanor, it may be charged as a class B felony;
(d)
If the subsequent offense would otherwise constitute a class
B misdemeanor, it may be charged as a class A misdemeanor;
(e)
If the subsequent offense would otherwise constitute a violation,
it may be charged as a class B misdemeanor.
V.
A victim of domestic violence shall be entitled to all rights
granted to victims of crime under RSA 21-M:8-k.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:10
Protection by Peace Officers
I. Whenever any peace officer has probable cause to believe
that a person has been abused, as defined in RSA 173-B:1, that
officer shall use all means within reason to prevent further
abuse including, but not limited to:
(a)
Confiscating any deadly weapons involved in the alleged domestic
abuse and any firearms and ammunition in the defendant's control,
ownership, or possession. (b)
Transporting or obtaining transportation for the victim and
any child, to a designated place to meet with a domestic violence
counselor, local family member, or friend.
(c)
Assisting the victim in removing toiletries, medication, clothing,
business equipment, and any other items determined by the
court.
(d)
Giving the victim immediate and written notice of the rights
of victims and of the remedies and services available to victims
of domestic violence. The written notice shall include a statement
substantially as follows:
"If
you are the victim of domestic violence and you believe
that law enforcement protection is needed for your physical
safety, you have the right to request that the officer assist
in providing for your safety, including asking for an emergency
telephonic order for protection. You may also request that
the officer assist you in obtaining from your premises and
curtilage, toiletries, medication, clothing, business equipment,
and any other items as determined by the court, and in locating
and taking you to a local safe place including, but not
limited to, a designated meeting place to be used as a crisis
center, a family member's or friend's residence, or a similar
place of safety. If you are in need of medical treatment,
you have the right to request that the officer assist you
in obtaining an ambulance. You may request a copy of the
report filed by the peace officer, at no cost, from the
law enforcement department."
II.
Pursuant to RSA 594:10, an arrest for abuse may be made without
a warrant upon probable cause, whether or not the abuse is committed
in the presence of the peace officer. When the peace officer
has probable cause to believe that the persons are committing
or have committed abuse against each other, the officer need
not arrest both persons, but should arrest the person the officer
believes to be the primary physical aggressor. In determining
who is the primary physical aggressor, an officer shall consider
the intent of this chapter to protect the victims of domestic
violence, the relative degree of injury or fear inflicted on
the persons involved, and any history of domestic abuse between
these persons if that history can reasonably be obtained by
the officer.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:11
Notice to the Victim
I. Notwithstanding the peace officer's obligations in RSA 173-B:9
and RSA 173-B:10, all peace officers shall give victims of abuse
immediate and adequate notice of their right to go to the district
or superior court of their county to file a petition asking
for protective orders against the abusive person and to seek
a private criminal complaint.
II.
The clerk of the court shall be responsible for advising victims
of their right to request that the judge issue an order which
may include removing any and all firearms and ammunition in
the control, ownership, or possession of the defendant and may
include:
(a)
Restraining the defendant from abusing the victim. (b)
Directing the defendant to leave and stay away from the victim's
premises and curtilage.
(c)
Giving the victim custody of any minor children, denying the
defendant visitation, or requiring that visitation be supervised
to ensure safety for the victim and minor children.
(d)
Directing the defendant to support the victim and any minor
children if the defendant has the legal responsibility to
support either or both.
(e)
Restraining the defendant from contacting the victim, or entering
the victim's place of employment, school, or any specified
place frequented regularly by the victim or by any family
or household member.
(f)
Restraining the defendant from abusing, in any way, the victim,
household members, or victim's relatives, regardless of their
place of residence.
(g)
Restraining the defendant from taking, converting, or damaging
property in which the victim may have a legal or equitable
interest.
(h)
Directing the defendant to temporarily relinquish to the peace
officer specific deadly weapons in the control, ownership,
or possession of the defendant which may have been used, or
were threatened to be used, in an incident of abuse against
the victim or any member of the victim's household.
(i)
Ordering the defendant to pay the victim monetary compensation
for losses suffered as a direct result of the abuse which
may include, but not be limited to, loss of earnings or support,
medical and dental expenses, damage to property, out-of-pocket
losses for injuries sustained, and moving and shelter expenses.
(j)
Ordering the defendant to pay reasonable attorney's fees.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:12
Emergency Care; Limitation and Liability
Any act or omission of any peace officer rendering emergency
care or assistance to a victim of domestic violence including,
but not limited to transportation, shall not impose civil liability
upon the peace officer or the peace officer's supervisors or
employer if the care or assistance is rendered in good faith,
unless the act or omission is a result of gross negligence or
willful misconduct.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:13
Orders Enforceable
I. Any protective order issued under this chapter shall be effective
throughout the state.
II.
Any protective order issued by any other state, tribal, or territorial
court related to domestic or family violence, including an ex
parte order, shall be deemed valid if the issuing court had
jurisdiction over the parties and matter under the law of the
state, tribe, or territory, and the person against whom the
order was made was given reasonable notice and opportunity to
be heard. There shall be a presumption of validity where an
order appears facially valid.
III.
Any valid protective order, as defined in paragraph II, shall
be accorded full faith and credit throughout the state.
IV.
A person entitled to protection under a foreign protective order,
as defined in paragraph II, may file such order in any district
or superior court by filing with the court a certified copy
of the order. Such person shall swear under oath in an affidavit
to the best of such person's knowledge that the order is presentlyin
effect as written. Such filing shall be without fee or cost.
The clerk of the district or superior court shall forward such
order to the state police who shall enter such order in the
state database. Such filing shall not be a precondition to arrest
or enforcement of a foreign order.
V.
A peace officer may rely upon a copy of any protective order
issued under this chapter, or under RSA 458, or upon a copy
of a foreign protective order, as defined in this section, which
has been provided to the peace officer by any source.
VI.
Law enforcement personnel may rely on the statement of the person
protected by the order that the order remains in effect as written.
VII.
A mutual protective order issued by any other state, tribal,
or territorial court against one who has petitioned, filed a
complaint, or otherwise filed a written pleading for protection
relating to domestic or family violence shall be accorded full
faith and credit only if:
(a)
A cross or counter petition, complaint, or other written pleading
was filed seeking such protection order; and (b)
The court made specific findings of domestic or family violence
by both parties and that each party was entitled to such order.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:14
Orders of Support
I. The superior court, in any action determining the obligation
of the obligor to support the obligee or the parties' minor
children including, but not limited to, actions for divorce
or custody pursuant to RSA 458; paternity pursuant to RSA 168-A;
child support pursuant to RSA 161-B, RSA 161-C, and RSA 458;
reimbursement of public assistance pursuant to RSA 161-C; and
the uniform interstate family support act pursuant to RSA 546-B;
shall take judicial notice of any support obligation established
pursuant to this chapter upon the filing of a certified copy
of the district court order in the superior court by:
(a) Either party to the domestic violence proceeding. (b)
The department.
(c)
Any other agency or person legally entitled to enforce the
obligation of support for the minor children.
II.
Any superior court order for financial support shall include
enforcement of any duly filed district court order from the
date of filing forward, and shall include enforcement of any
arrears which have been:
(a)
Reduced to judgment by the district court; (b)
Documented by the department pursuant to an order to make
payable through the department; or
(c)
Documented by the obligee in a notarized statement, provided
that the obligor shall have 30 days to object and request
a hearing on the issue of arrears.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:22
Confidentiality
All persons who are employed, appointed, or who volunteer under
this chapter shall maintain confidentiality with regard to persons
served by the coordinator and grantees and files kept by the
coordinator and grantees, except for reasons of safety for other
shelter residents or staff.
Source. 1999, 240:3, eff. Jan. 1, 2000.
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173-B:23
Referral
Where centers are available, any law enforcement officer who
investigates an alleged incident of domestic violence shall
advise the person subject to such violence of the availability
of programs from which that person may receive services.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:24
Rights Reserved
A
person shall not be prejudiced by the court having jurisdiction
under RSA 173-B for having left the residence or household with
or without the children to avoid further domestic violence.
Source.
1999, 240:3, eff. Jan. 1, 2000.
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173-B:25
Severability
If any provision of this chapter or the application of such
provision to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications
of the chapter which can be given effect without the invalid
provisions or applications, and to this end the provisions of
this chapter are severable.
Source. 1999, 240:3, eff. Jan. 1, 2000. (back
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