Best Domestic Violence Lawyers in New Hampshire

About Domestic Violence Law in New Hampshire, United States

Domestic violence is a serious issue affecting many individuals and families in New Hampshire. In this state, domestic violence is also referred to as "domestic abuse" or "family violence" and refers to acts of physical, emotional, sexual, or economic abuse by one household or family member against another. New Hampshire law provides strong protections for victims and takes a broad view of what constitutes domestic violence, recognizing not only physical harm but also threats, intimidation, harassment, and stalking. The law is designed to prevent abuse, protect victims, and hold offenders accountable.

Why You May Need a Lawyer

Whether you are a victim seeking protection or someone facing allegations of domestic violence, the legal system can be complex and emotionally challenging. You may need a lawyer in the following situations:

• Filing for a protective or restraining order against an abuser
• Responding to a protective order filed against you
• Navigating child custody, visitation, or divorce issues related to domestic violence claims
• Defending against criminal charges related to domestic violence allegations
• Addressing potential immigration consequences of a domestic violence accusation
• Seeking compensation or other remedies as a victim

A lawyer can explain your rights, represent you in court or negotiations, help prepare legal documents, and ensure your interests are protected throughout the process.

Local Laws Overview

In New Hampshire, domestic violence laws are primarily governed by the state's Criminal Code and the Protection of Persons from Domestic Violence statute (RSA 173-B). Key aspects include:

• Definition of Domestic Violence: The law applies to abuse occurring between current or former spouses, relatives, couples with a child in common, or people cohabiting or who have cohabited.
• Types of Abuse Covered: Physical harm, sexual assault, threats, stalking, harassment, destruction of property, and emotional abuse can all be considered domestic violence.
• Protective Orders: Victims can seek emergency and long-term protective (restraining) orders from the court. Violating these orders can result in arrest and criminal charges.
• Arrest Policies: New Hampshire has mandatory arrest policies for certain domestic violence incidents, ensuring prompt law enforcement response.
• Firearms Restrictions: Protective orders can result in the removal of firearms from the accused for the duration of the order.
• Criminal Consequences: Domestic violence can lead to misdemeanor or felony charges, fines, jail time, and other penalties.

Frequently Asked Questions

What relationships qualify under New Hampshire's domestic violence laws?

Domestic violence laws in New Hampshire cover abuse between spouses, former spouses, intimate partners, persons related by blood or marriage, people who share a child, or persons who are or were cohabiting.

What is a protective order and how can I get one?

A protective order is a legal order issued by a court to protect a victim from abuse, threat, or harassment. You can request one at your local court by completing the required forms, often with the help of a clerk or an advocate.

Can I get a protective order outside normal business hours?

Yes, emergency protective orders can be obtained after hours through law enforcement or by contacting a judge. These are typically temporary until a hearing can be held.

What happens if someone violates a protective order?

Violating a protective order in New Hampshire is a crime. The violator can be arrested, charged with contempt of court, or face additional penalties such as jail time and fines.

Are domestic violence cases public record in New Hampshire?

Most court proceedings, including domestic violence matters, are part of public record. However, certain victim information may be confidential or sealed to protect privacy.

How is child custody affected by domestic violence?

Courts in New Hampshire consider domestic violence when deciding child custody and visitation arrangements. The safety and well-being of the child is the highest priority, and supervised or restricted visitation may be ordered.

Can domestic violence charges affect my immigration status?

Yes, noncitizens convicted of domestic violence or subject to certain protective orders may face serious immigration consequences, including deportation or denial of residency.

What resources are available for domestic violence victims in New Hampshire?

Victims have access to shelters, crisis hotlines, counseling, legal aid, and advocacy groups throughout the state. Several governmental and nonprofit organizations are ready to assist.

What should I do if falsely accused of domestic violence?

Take the allegations seriously. Consult a lawyer immediately, refrain from contacting the accuser, and gather any evidence or witnesses that can support your defense.

If I drop the charges, will the case be dismissed?

Only the prosecutor or the court can dismiss criminal charges, not the alleged victim. Even if you request to drop charges, the state may continue prosecution if there is sufficient evidence.

Additional Resources

If you or someone you know is experiencing domestic violence, the following resources can provide help and guidance in New Hampshire:

• New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV)
• 211 NH (Statewide referral and assistance hotline)
• New Hampshire Legal Assistance (NHLA)
• Local police departments
• Family and District Courts in your county
• Statewide crisis centers and shelters
• New Hampshire Department of Justice - Victim/Witness Assistance Program

Next Steps

If you need legal assistance regarding domestic violence in New Hampshire, here’s how you can proceed:

• Prioritize safety. If you are in immediate danger, call 911 or contact local law enforcement.
• Reach out to a domestic violence crisis center or advocacy program for support and advice.
• Consult with an experienced attorney who understands New Hampshire’s domestic violence laws.
• Gather and document evidence of abuse or allegations, including photos, messages, and witness statements.
• Follow through with legal processes, such as seeking a protective order or responding to allegations as required.
• Utilize additional resources for emotional and practical support as you navigate the legal system.

Remember, you do not have to face domestic violence or related legal challenges alone. Knowledgeable professionals and organizations are available to help protect your rights and safety.