If you’re fearing for your safety due to the actions of another person, New Hampshire law provides a specific legal tool designed to protect you: a protective order, commonly called a restraining order. While the legal system can feel overwhelming, the process for obtaining these orders is designed to be accessible and fast.

Here is a breakdown of the basics:

Know Your Options: Domestic Violence vs. Stalking

New Hampshire separates protective orders into two main categories based on your relationship with the other person and their conduct:

Domestic Violence Petition (RSA 173-B):

This is for situations involving family members, household members, or current/former intimate partners. You must show that the other person committed a criminal act (like assault, criminal threatening, or harassment) and poses a “credible present threat” to your safety.

Stalking Petition (RSA 633:3-a):

This can be filed against anyone, including strangers, neighbors, or coworkers. To qualify, you must prove the person engaged in a “course of conduct” (two or more acts) that would cause a reasonable person to fear for their safety.

The “Ex Parte” Temporary Order

When you first file your paperwork in the circuit court, a judge will review it almost immediately, usually without the other person present. If the judge believes you are in immediate danger, they will issue a Temporary Order. This goes into effect as soon as the police serve it to the defendant, prohibiting them from contacting you or coming near your home or place of employment.

The Final Hearing

The temporary order is just a placeholder. Within 30 days (or sooner if the defendant requests it), a Final Hearing will be held. You must attend this hearing.
At this hearing, you will need to present evidence (e.g., testimony, texts, photos) to prove the abuse or stalking occurred.

If the judge rules in your favor, they can issue a Final Order of Protection, which stays in place for up to one year and can be renewed if necessary.

Because restraining orders are civil in nature, the plaintiff must only prove their case by a “preponderance of the evidence,” rather than “beyond a reasonable doubt,” as required in a criminal case.

The attorneys at Wescott Law bring decades of experience in prosecuting and defending against restraining orders. Our team provides skilled, strategic, and compassionate representation aimed at protecting your rights and delivering for our clients. Contact us for a consultation.