How To Get A Restraining Order In New Hampshire

Restraining orders, which are also called protective orders, refer to legal instruments designed to protect an individual from harm/injuries emanating from harassment, sexual or physical abuse. The State's Judicial Branch manages restraining orders and related documents through the Superior and Circuit Courts. In New Hampshire, restraining orders are considered a 'Temporary Restraining Order (TRO)', having extensive possibilities where probable cause and proof of a repeated pattern may exist. 

Once the Judge grants a restraining order, it is automatically filed as part of New Hampshire Civil court records, which means its data is entered into the Circuit court's case-management system as official court cases on civil matters relating to domestic violence.

Types Of Restraining Orders In New Hampshire

All residents, irrespective of citizenship status, can file for any restraining order depending on the relationship with the parties involved. The most common types of restraining orders include:

• Domestic Violence Protective Order (RSA 173-B): According to the New Hampshire Revised Statutes Annotated (RSA) 173-B, this is a legal measure taken to protect an individual from harmful behaviors or abuse caused by a current/ex-spouse, parents, children, cohabitant, had child-in-common, or intimate partner in a relationship. To file a petition for this order, the court must ascertain the existence of abusive behaviours that threaten the plaintiff's safety.
• Civil Restraining Order: The Superior Court issues these orders per RSA 458 or RSA 461-A to restrict access or prevent the defendant from having physical contact with the plaintiff or curb actions/behaviour that may lead to harm/injury or property damage, especially when no criminal law has been broken or the petitioner does not want to press for charges. Civil restraining orders are limited to the parties involved in parenting or divorce proceedings.
• Stalking Protective Order (RSA 633:3-a): Stalking protective order, as its name implies, is an order issued to manage the stalking behaviour of the defendant that potentially puts the plaintiff in fear. This order takes no cognizance of the relationship between the plaintiff/defendant. 

Are Restraining Orders Public Records In New Hampshire?

Yes. Cases involving restraining orders are under the court's and its officials' jurisdiction. By implication, TRO information is maintained as part of court records. New Hampshire's Right-to-know law, NH RSA 91-A, establishes the right of individuals to access and inspect records from public agencies, including public court records. 

Despite the state's desire to promote transparency of its legal and administrative proceedings, it does not override the need to protect the privacy and sensitivity of specific records for which they may be exempt from public disclosure. These records include:

• Juvenile/Minor record
• Medical history/health record
• Records involving cases of domestic violence
• Sensitive/personal information not open to public disclosure, e.g., the name, address, and confidential information of the plaintiff
• Courtroom records

How To Lookup Restraining Orders In New Hampshire

Individuals can search certain public court records on restraining order matters via the New Hampshire Judicial Branch's Case Access Portal. This portal grants its users access to non-confidential circuit court cases and civil and criminal cases relating to non-domestic violence managed by the Superior Court. 

Comprehensive searches, confidential TRO information, and older records that are not available through the state's access portal may be obtained by submitting a record check request to the Central Processing Center of the state's Judicial Branch. Requesters may also visit the relevant courthouse or clerk responsible for filing the order.

Can You Lookup A Restraining Order Online?

Yes. Individuals may look up restraining orders online via the state's Judicial Branch Access Portal of the relevant courthouses responsible for handling the cases. However, this approach is limited as not all court records are accessible online. Older records or records involving confidential/sensitive information, such as cases on domestic violence, are not viewable online; therefore, individuals seeking these records may be required to visit the specific courthouse and follow the procedures necessary to obtain the desired record.

How To File A Restraining Order In New Hampshire

The filing process for a restraining order in New Hampshire largely depends on the requested order type. A DVPO or civil restraining order involves two distinct but similar processes. It generally involves the following steps:

• Obtaining/Completing the Petition Form: Individuals seeking a DVPO may visit any Circuit court within the state in person or at their closest temporary address. (In cases where the plaintiff fled for fear of abuse or relocates while the case is still pending, the case would be transferred to the most convenient court in the plaintiff's new community, and the court maintains confidentiality of the new address.) The plaintiff must fill out the Domestic Violence Petition Packet obtained from the Circuit court clerk and may be assisted by the Court Information Center staff on the necessary court procedures while filing the form. The 'Domestic Violence Confidential Sheet' (NHJB-2043-DF) is a crucial feature in this filing process, as all confidential/private information of the plaintiff, such as the plaintiff's name, telephone, mailing address, and place of employment, is privately documented by the court. Details on this sheet are not shared with the defendant or anyone without the court's consent. On the other hand, a civil restraining order would require the plaintiff to fill out a 'Complaint for Restraining Order' and file it with the county's Superior court where the plaintiff resides or the defendant's county.
• Necessary petition information: The Judge's decision is solely dependent on the plaintiff's ability to clearly articulate factual events of abuse with dates and their impact on lives and properties. The plaintiff is obligated to give only honest and accurate information about the abuse incident. 
• Penalty of perjury: Upon completing the petition forms, the plaintiff is required to swear to the accuracy and truthfulness of the information provided under penalty of perjury. This implies that false information/testimony would attract legal consequences.
• Review/Temporary orders: Plaintiff's petition would be reviewed by a Judge who may either grant a Temporary Restraining Order (TRO) and schedule a final hearing within 30 days, schedule a final hearing without granting a TRO, or outrightly deny the petition without hearing. Individuals filing for a civil restraining order may request "ex parte, " an immediate relief order, before notifying the opposing party. Upon review of 'ex parte', the court may either issue a temporary order and schedule a hearing, deny the TRO and schedule a hearing, or grant total dismissal of the complaint. 
• Service of process: Once a DVPO is granted, the plaintiff receives a copy of the TRO, while a law enforcement officer serves/informs the defendant of the petition and the scheduled hearing date. In the case of a civil restraining order, the paperwork for this order is served by the plaintiff through the Sheriff's department (at a fee) to the defendant once the hearing date is scheduled. 
• Final hearing: Petitions for DVPO are heard in the family division unit of the Circuit court, while a civil restraining order is heard in the Superior court. At this hearing, the plaintiff and defendant would be required to support their claims with evidence and witnesses to the case where they may exist. After listening to the parties involved, the Judicial officer reviews and passes a Final Order of Protection (which may last up to a year), which may include denying the order, or the Judge may take matters under advisement. In contrast, the TRO takes effect until the Judge's final decision. 

Can You File A Restraining Order For No Reason In New Hampshire?

No. A restraining order can not be filed for no reason in New Hampshire. Plaintiffs seeking protective orders are obligated to provide specific details of repeated patterns of domestic abuse, harassment, or credible threat to safety. 

What Proof Do You Need For A Restraining Order In New Hampshire?

To file a Domestic Violence Protective Order, the plaintiff must present proof of obvious threats or abuse. A petition must contain a well-articulated explanation of patterns of abuse, including dates of occurrence. This is necessary for the judicial officer to visualize the imminent danger the plaintiff may be experiencing. The plaintiff may present relevant documents/witnesses to the events to support claims, including police records, medical records, proof of injuries, or other related documents. 

In filing a civil restraining order, the plaintiff is not under any obligation to provide proof of abuse, but a detailed account of the event, including when and how it happened. The plaintiff may also present witnesses and documented evidence during court hearings. 

How Long Does It Take To Get A Restraining Order In New Hampshire?

A plaintiff may obtain a restraining order in New Hampshire from 30 minutes up to the close of the next business day after the petition has been filed. Where there are immediate dangers that may affect the petitioner's safety, an emergency order is issued over the phone by the Judge through the law enforcement officer. This order stays active till the close of the next business day of the court. After the Judge's review and a TRO is granted, a court hearing is scheduled within two weeks of the TRO issued date, 30 days after the petition was filed, or 10 days after the defendant is served the paperwork for a final court hearing. 

How Long Does A Restraining Order Last In New Hampshire?

The lifespan of a restraining order in New Hampshire depends on the type of order issued by the court. An over-the-phone protective order lasts until the close of the next business day of the court. A temporary 'ex parte' may last till the scheduled hearing, typically, within 30 days of filing or 10 days of service. A DVPO may be issued up to one year, which is open to further extension up to 5 years based on the available 'probable causes' or the discretion of the Judge. A civil restraining order may be issued indefinitely, as they are issued as part of an ongoing parenting/divorce proceedings.

How Much Does A Restraining Order Cost In New Hampshire?

A DVPO in New Hampshire does not require any fee from the inspection to the scheduled hearing date. Generally, civil restraining orders are issued at a cost, and the paperwork served by the Sheriff's department to the opposing party is also done for a fee, which varies in different counties.

Persons unable to pay the statutory fee of the Superior Court orders may apply for a waiver. The availability of a waiver is a provision of the judicial system to bridge the financial gaps of parties involved, ensuring the removal of barriers for parties who are unable to pay the stipulated fee.

Can You Cancel A Restraining Order In New Hampshire?

Yes. A plaintiff may cancel a DVPO or stalking order by submitting a Domestic Violence/Stalking Withdrawal Request form (NHJB-2046-DF) to its relevant authorities. This form may be used for both TRO and final orders.