New Hampshire Petition for Equitable Restraining Order
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How to fill out New Hampshire Petition For Equitable Restraining Order?
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FAQ
The laws on restraining orders and no-contact agreements vary by state, but the main idea is that no-contact agreements exist to punish someone who has already caused harm and to prevent further harm, whereas restraining orders exist to prevent someone from causing harm in the first place.
Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet.
You can file a petition in the county/district where you live or where the abuser lives. If you have fled your home to avoid further abuse, you also have the option of filing the petition in the county/district where you are temporarily living.
Restraining orders, also sometimes called protective orders, can be obtained in any state, but they can still be enforced when you or the protected person are in another state.Although valid restraining orders can be enforced in any state, they can only be modified in the state that issued it.
Tell the truth. The other person or his or her lawyer may also ask you questions. Give complete answers. If you do not understand, say I don't understand the question. If the other side lies in court, wait until he or she finishes talking. Speak only to the judge.
Assault; reckless conduct; criminal threatening; sexual assault; criminal restraint or kidnapping you; false imprisonment. stalking; criminal mischief (destruction of property) or arson;
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
N.H. Rev. Stat. § 644:4 Harassment. (e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another.
If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.