Domestic violence remains a perplexing issue that continues to afflict countless individuals each year, and unfortunately, New Hampshire is not immune to its devastating effects. It is vital to recognize that if you or someone you know is enduring domestic violence, numerous resources are accessible to provide assistance. Moreover, if you are contemplating divorce and have been subjected to domestic violence within your marriage, New Hampshire has specific laws and procedures in place to safeguard you and support your pursuit of justice.
Domestic Violence: Resources for Support and Aid
The state of New Hampshire offers an extensive range of resources for those facing domestic violence. The New Hampshire Coalition Against Domestic and Sexual Violence operates as a comprehensive network of programs designed to supply victims of domestic violence and sexual assault with the support and resources they require. Their services include accessible 24/7 hotlines, emergency shelters, professional counseling, and more. Likewise, several other invaluable resources exist to aid individuals enduring domestic violence:
- NH Domestic Violence Hotline: 1-866-644-3574
- NH Coalition Against Domestic & Sexual Violence: Website
- Turning Points Network: Website
- Bridges: Domestic and Sexual Violence Support: Website
Domestic Violence and Divorce Laws: Navigating Legal Protections
In the event that you are considering divorce while bearing the scars of domestic violence, it is crucial to comprehend the specific laws and procedures implemented to shield you from further harm. New Hampshire operates under a "no-fault" divorce system, meaning it does not necessitate either party to substantiate acts of wrongdoing to file for divorce. However, when domestic violence has occurred, additional legal safeguards are available.
Seeking a Protective Order
Procuring a protective order stands as one of the most crucial steps towards escaping the clutches of domestic violence. A protective order is a court-issued directive that mandates the perpetrator to distance themselves from the victim and refrain from committing further acts of violence. Furthermore, it can grant temporary custody of children, stipulate child support or spousal support, and even mandate counseling or other forms of treatment.
To secure a protective order in New Hampshire, you must file a petition with the court. Subsequently, the court will conduct a hearing to assess the necessity of a protective order. If the court substantiates the need, the order will remain in effect for up to one year and can be extended if circumstances demand.
Impact of Domestic Violence on Custody and Visitation Rights
Whenever a divorce case involves domestic violence, the court must consider this paramount factor when making determinations regarding custody and visitation rights. Generally, the court prioritizes the safety and well-being of the children above all else.
If your marriage has been marred by domestic violence, it is essential to communicate this to your attorney and the court. Depending on the circumstances, the court reserves the right to impose supervised visitation or even prohibit visitation entirely if deeming it in the best interests of the children.
Impact of Domestic Violence on Property Division
In New Hampshire, property division during divorce adheres to the principle of "equitable distribution." This denotes that all marital property is divided fairly, though not necessarily evenly, between the spouses. Marital property encompasses assets acquired throughout the marriage, regardless of the purchaser or whose name appears on legal documentation.
In cases where domestic violence is involved, the court may consider this factor when distributing property. For instance, if one spouse utilized marital funds to procure a weapon subsequently used in an act of domestic violence, the court may allocate a greater share of the marital property to the innocent spouse.
Conclusion: Taking Action for a Safer Future
Domestic violence continues to cast a dark shadow over numerous families in New Hampshire. However, by availing yourself of the available resources, you can take the first steps towards protecting yourself and reclaiming your life. It is equally essential to familiarize yourself with the specific laws and procedures in place to safeguard your interests during divorce proceedings impacted by domestic violence. By seeking help and pursuing justice, you can ensure a safer, healthier future for both yourself and your children.