DOMESTIC VIOLENCE RESTRAINING ORDERS
Domestic Violence In New Hampshire
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets. Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.
Domestic Violence Restraining Orders
A domestic violence restraining order is a Court order that helps protect people from abuse or threats of abuse from someone they have a close relationship. You can ask for a domestic violence restraining order if: A person has abused (or threatened to abuse) you; AND You have a close relationship with that person.
What a Restraining Order Does
A Restraining Order can order the restrained person to have no contact with you, your children, other relatives, or others who live with you. Once the Restraining Order is issued, the restrained person must give up all of their guns and weapons.
The Restraining Order Process
When someone asks for a domestic violence restraining order in Court, they have to file court forms telling the judge what orders they want and why. The Court will then decide whether or not there was "abuse" under the statute. If the Court grants (gives) the orders requested, it will first make “temporary” orders that only last until your court date. The restrained person has the right to file an answer to the restraining order request, explaining his or her side of the story. Both sides go to the court hearing. At the hearing, the judge will decide to continue or cancel the temporary restraining order. If the judge decides to extend the temporary order, the “permanent” order may last for a designated period of time.