In addition to criminal charges a person may face, the domestic relations law provides protection from domestic violence under NH RSA 173-B. If the court issues a protective/restraining order under RSA 173-B, the order will stay in effect for one year. In addition to a no-contact order, the court will order the surrender of all firearms, and can issue orders related to child support, use of the parties’ residence and custody.
In general, a victim of domestic violence has to go to the court where he/she resides and fill out a domestic violence petition. It is important to seek the advice of an attorney prior to filling out this paperwork because there are legal and factually allegations that need to be plead to make a case. If a temporary order is issued, a person accused of domestic violence can request a hearing within 3-5 business days. Due to the quick scheduling of these hearings, it is vital that you have an attorney with trial experience, who can work well under pressure.
If a person’s conduct does not rise to the level of domestic abuse under RSA 173-B, there are other protections the law provides. In both divorce and parenting cases, the court can issue a restraining/no-contact order against a party. These orders do not require the accused to relinquish firearms and will not appear on a criminal record.
As a former felony prosecutor, Attorney Connolly is well equipped to assist clients who have been accused of or who have suffered domestic abuse. She has successfully represented both victims of domestic violence as well as those who have been falsely accused. Attorney Connolly is the only New Hampshire family lawyer who is board-certified in family trial law by the National Board of Trial Advocacy. As a family trial law specialist, Attorney Connolly can provide you with vigorous representation in your domestic violence hearing.