Restraining Orders

How To Obtain a Restraining Order

New Hampshire law provides that protection from Domestic Violence is afforded to a broad range of persons, including family or household members and current or former sexual or intimate partners of the defendant. New Hampshire law provides protection to two groups of people:

Those who have been directly abused, as defined by the law and those who are entitled to file a petition; and those who are themselves entitled to file a petition because they have not been personally abused, but to whom the statute offers protection once the abuse has been found because of their relationship to the victim.

Who may file a petition?

• Spouses
• Ex-spouses
• Persons cohabiting with each other
• Persons who cohabited with each other but who no longer share the same residence
• Parents of the defendant
• Person related to the defendant by consanguinity (related by blood)
• Persons related to the defendant by affinity (a connection between one spouse and the blood relations of the other).

**Minor children and step children of the defendant are not entitled to be a plaintiff under this process. Their protection herein lies with the individual asking for the protection**

Anyone who is in an abusive relationship should seriously consider obtaining a restraining order. In order to obtain one, the victim (plaintiff) is required to appear in court before a justice and articulate why an order is to be issued against the abuser (defendant). The Plaintiff should request the necessary paperwork from the clerk of courts. The plaintiff will then be required to complete the "petition". Once completed, The plaintiff will have to appear before the judge, and explain why the order should be issued.

The Judge will, if he deems it necessary, issue the order, along with a notice of hearing to the defendant. The hearing is usually two weeks from the date the order is issued, although the date may be changed depending upon scheduling, etc. The order will usually prohibit the defendant from having any contact with the plaintiff, in person or by phone, and may establish temporary visitation, residency, and monetary requirements to be adhered to by both parties. The order may also demand the relinquishing of any deadly weapons, including firearms, which may have been used in the commission of a domestic violence act, to the Police.

In the event that you may require a restraining order after the court's business hours or on a weekend, you can still get an emergency restraining order. In order to do so, contact the Merrimack Police Department at 424-3774. You will either be asked to come to the station, or you may be escorted upon your request. If you are in immediate danger of abuse, please call "911"...The officers responding will safeguard you and your children, if necessary, and advise you on the procedure for obtaining a restraining order after hours.

** The most important thing to remember is to get out of an abusive situation as soon as you can. The only way you can obtain help is if you are in a position to request it. Don't hesitate. Please call if you require any assistance, or need to ask any questions.