Domestic violence is a serious issue that affects a vast number of people in the state of New Hampshire. If you have been subject to domestic violence or abuse, you may need to obtain a temporary restraining order to ensure your safety. This article will guide you through the process of obtaining a temporary restraining order in New Hampshire.
Understanding Temporary Restraining Orders
A temporary restraining order or TRO is a legal document that orders someone to stop threatening, harassing, or physically abusing another person. In New Hampshire, a TRO is only temporary and generally expires after three weeks. However, it can be renewed depending on the situation at the end of those three weeks.
Who Can Apply For A TRO?
A TRO can be applied for by anyone who has been subject to domestic violence or abuse. This includes:
- Spouses or former spouses
- Domestic partners or former domestic partners
- People who are or were in a dating relationship
- People who have a child together
- Family members
- Roommates or people who live together
It is important to note that the person applying for the TRO must be 18 years or older.
Filing A Petition
To obtain a temporary restraining order, you must file a petition with the court. The petition will need to provide detailed information about the domestic violence or abuse that you have experienced. You will need to provide specific details about when the violence occurred, where it happened, and how it affected you.
The petition must also contain your name, address, and contact information, as well as the name and address of the person you are seeking the TRO against.
Getting The TRO Issued
Once you have filed the petition, the court will review it to determine if there is enough evidence to issue a TRO. If the court finds that you have provided enough evidence, they will issue the TRO immediately.
Once the TRO has been issued, it will be served to the person you are seeking it against by the sheriff or a process server. The TRO will order the person to stop any form of contact with you, and may order them to stay away from your home, place of work, and other locations where you regularly spend time.
Going To Court
After the TRO has been issued, a court hearing will be scheduled. This hearing will typically take place within three weeks of the TRO being issued.
At the hearing, you will need to provide further evidence of the domestic violence or abuse that you have experienced. You may bring witnesses or other evidence such as photographs or medical records to support your case.
Renewing The TRO
If the TRO expires and you still need protection, you can file a motion to renew the TRO. You will need to provide further evidence of domestic violence or abuse, and explain why you need the protection of the TRO to continue.
Final Thoughts
Obtaining a temporary restraining order in New Hampshire can be a daunting process, but it is an important step to take to ensure your safety and well-being. If you need a TRO, it is important to act quickly and gather as much evidence as possible to support your case. With the right legal guidance, you can successfully obtain the protection you need to live a life free from abuse and violence.