New Hampshire Domestic Violence Legal Protections and Restraining Orders

New Hampshire's statutory framework for domestic violence protection operates through a discrete set of civil and criminal mechanisms that function in parallel, each with distinct procedural requirements and enforcement consequences. This page covers the structure of protective orders available under state law, the process through which they are obtained and enforced, the categories of relationships and conduct they address, and the legal thresholds that determine eligibility and scope. Practitioners, researchers, and service seekers navigating the New Hampshire legal system will find this reference useful for understanding how the state's protective order regime is organized.

Definition and scope

New Hampshire's domestic violence protection statutes are codified primarily in RSA Chapter 173-B (Protection of Persons from Domestic Violence), which defines the legal triggers for civil protective orders and establishes the procedural pathway through the New Hampshire Circuit Court. A "domestic violence" event under RSA 173-B:1 requires both a qualifying act and a qualifying relationship.

Qualifying acts include physical assault, sexual assault, criminal threatening, stalking, harassment, and interference with freedom — as specifically enumerated in RSA 173-B:1, IV. The list references corresponding criminal statutes in the New Hampshire Criminal Procedure framework, which means an act must constitute a criminal offense to trigger eligibility.

Qualifying relationships under RSA 173-B:1 include spouses and former spouses, cohabitants and former cohabitants, parties with a child in common, people related by blood or marriage, and people in or formerly in a sexual or intimate relationship. This definition excludes purely platonic relationships with no cohabitation or family connection — those situations may fall under New Hampshire's civil rights legal framework or other statutes.

Scope limitations: This page covers New Hampshire state law exclusively. Federal protective orders, tribal court orders, and orders issued by courts in other states are not covered by RSA 173-B's issuance procedures, though 18 U.S.C. § 2265 (the Violence Against Women Act full faith and credit provision) requires New Hampshire law enforcement to enforce valid out-of-state domestic violence orders. Immigration consequences of domestic violence proceedings are addressed separately in New Hampshire immigration and federal law intersection.

How it works

The New Hampshire protective order process under RSA 173-B involves 4 distinct phases:

1. Ex parte petition filing. The petitioner files a complaint at any Circuit Court — Family Division. No filing fee applies to domestic violence petitions (RSA 173-B:3, I). The petition must allege a qualifying act and relationship.

2. Ex parte hearing and emergency order. A judge reviews the petition, typically the same day. If the court finds "an immediate and present danger of abuse," it issues an ex parte Temporary Order of Protection. This order is effective immediately upon issuance and before the respondent is served.

3. Service and notice. Law enforcement serves the temporary order on the respondent. The Circuit Court schedules a full hearing within 30 days of service, as required by RSA 173-B:4.

4. Final hearing and permanent order. Both parties may present evidence. If the court finds abuse by a preponderance of the evidence, it issues a Final Protective Order, which may last up to 1 year and is renewable. RSA 173-B:5 authorizes the court to impose conditions including no contact, vacating a shared residence, temporary custody arrangements, and firearms surrender.

Violation of a protective order constitutes a Class A misdemeanor for a first offense and a Class B felony for subsequent violations (RSA 173-B:9). The New Hampshire criminal sentencing guidelines govern resulting penalties.

The regulatory context for New Hampshire's legal system provides broader background on how the Circuit Court's Family Division interfaces with other court levels and state administrative bodies.

Common scenarios

Scenarios where RSA 173-B applies:

• A spouse seeks to remove an abusive partner from a shared home pending divorce proceedings in the New Hampshire Family Law System.
• A former intimate partner files for protection against stalking and criminal threatening after separation, where the parties share no minor children.
• A parent petitions on behalf of a minor child who has experienced abuse from a cohabitant, naming the adult respondent under RSA 173-B:1's household member definition.

Scenarios involving adjacent but distinct legal tools:

• Stalking Protective Orders (RSA 633:3-a): Available when the parties lack a qualifying domestic relationship but stalking conduct is present. Processed through the same Circuit Court pathway but under different statutory authority.
• Workplace restraining orders and civil harassment orders do not exist as standalone categories under New Hampshire law in the same manner as some other states — conduct in those contexts may be addressed through criminal trespass or criminal threatening statutes.
• Emergency Custody Orders: When minor children are involved and domestic violence allegations intersect with custody, RSA 461-A:6 governs emergency relief, which operates on a parallel track from the RSA 173-B protective order. The New Hampshire Juvenile Justice System may also be engaged when children are directly victimized.

Decision boundaries

The threshold distinctions that determine which legal instrument applies are structured around 3 primary axes:

Relationship type: RSA 173-B applies only to defined domestic relationships. Absence of a qualifying relationship (e.g., coworkers, neighbors) routes the matter to criminal complaint processes rather than civil protective orders.

Act type: The conduct must constitute a specifically enumerated criminal offense under RSA 173-B:1. Emotional distress without a qualifying criminal act — such as verbal insults without criminal threatening elements — does not meet the statutory threshold for a protective order.

Urgency vs. standard track: The ex parte process requires showing "immediate and present danger." If no immediacy exists, the court may decline ex parte relief and schedule a contested hearing directly. This distinction affects how quickly protective conditions take effect.

Civil vs. criminal track comparison:

Both tracks may proceed simultaneously. A criminal arrest for domestic assault does not bar a civil petition, and a civil order does not preclude criminal charges for the same underlying conduct.

New Hampshire Legal Aid organizations, listed under New Hampshire legal aid organizations, provide assistance navigating both tracks for eligible petitioners. Self-represented petitioners may consult resources available through New Hampshire legal self-representation pathways established by the state court system.

References

• New Hampshire RSA Chapter 173-B — Protection of Persons from Domestic Violence
• New Hampshire Circuit Court — Family Division
• New Hampshire RSA 633:3-a — Stalking
• New Hampshire RSA 461-A — Parental Rights and Responsibilities
• 18 U.S.C. § 2265 — Full Faith and Credit Given to Protection Orders (Violence Against Women Act)
• New Hampshire Department of Justice — Domestic Violence Resources
• New Hampshire Judicial Branch — Protective Orders Information