A protective order, also known as a restraining order, is a legal measure that aims to safeguard individuals from harm, ensuring their protection against another person. In the state of New Hampshire, individuals have the right to seek protective orders when they face the threat of violence or abuse. This article will serve as a comprehensive guide, providing you with a step-by-step process on how to obtain a protective order in New Hampshire.
Understanding the Need for a Protective Order
Before delving into the process of obtaining a protective order, it is crucial to acknowledge the reasons that often necessitate the need for one. Some common reasons include domestic violence, stalking, sexual assault, and harassment. The state of New Hampshire recognizes these acts as violent crimes and offers legal recourse to victims seeking protective orders.
Exploring the Types of Protective Orders
In New Hampshire, there are two types of protective orders that individuals can apply for: temporary and final.
Temporary protective order: This type of order is issued by a judge for a maximum duration of 90 days. Its purpose is to provide immediate protection for the victim while the court deliberates on whether to grant a final protective order.
Final protective order: Following a full hearing, the court issues the final protective order. This order can last for up to one year and can be renewed upon expiration if necessary.
The Step-by-Step Process of Obtaining a Protective Order
To aid you in seeking a protective order in New Hampshire, follow these essential steps:
Step 1: Fill Out a Petition
To commence the process, complete a petition form accurately. Ensure that all the necessary information related to the abuse or harassment you have experienced is provided in the petition. Key details to include are your full name, the respondent’s full name, your relationship with the respondent, and a brief description of the abuse or harassment encountered. Once the petition is complete, file it with your local district court or family division.
Step 2: Secure a Temporary Protective Order
If the judge determines that there is sufficient cause to believe that you are in immediate danger of abuse or harassment, they may grant you a temporary protective order. This order, which remains in effect for up to 90 days, may prohibit the respondent from engaging in certain behaviors such as contacting you or coming near you.
Step 3: Attend a Final Hearing
Following the acquisition of a temporary protective order, the court will schedule a hearing date for the final protective order. During this hearing, both parties involved will have the opportunity to present evidence supporting their case. It is crucial that you make attendance a priority, as the court may dismiss your case if you fail to appear.
Step 4: Obtain a Final Protective Order
At the final hearing, the judge meticulously assesses the evidence presented by both parties before making a decision concerning the issuance of a final protective order. If the judge establishes that a final protective order is necessary, they will grant one that can remain valid for up to one year.
Dealing with Violations of Protective Orders
It is of utmost importance to note that violating a protective order is considered a serious offense in New Hampshire. Should the respondent disregard the terms of the order, they can face charges ranging from misdemeanors to felonies, depending on the severity of the violation.
Final Thoughts
Although the process of obtaining a protective order in New Hampshire may initially appear daunting, it is a crucial step towards safeguarding oneself from abuse and harassment. By adhering to the steps outlined in this informative guide, you can ensure that you follow the correct procedure when seeking a protective order. Remember, reporting any violations of the protective order to the appropriate authorities promptly is essential, as violation of such an order is considered a serious offense.