No one, not even someone you live with has right to beat you or threaten you with violence. If this is happening to you, YOU CAN TAKE ACTION. Knowing your legal rights and other options is the first step toward ending the abuse

There is a law to protect you.

If you are being physically or sexually abused or threatened by a family or household member, or you fear such abuse. The law protects you if you are being abused or threatened by your spouse, former spouse, or another family or household member who IS or WAS living in the same household as you, or someone you may have had a dating relationship with. The law protects you from abuse by a person with whom you have a child in common. You need not be married to the abuser or related to be protected under the law

What does the law say?

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the police to file a criminal complaint. You also have the right to go to court and file a petition requesting an Restraining Order for protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.

Can this law help?

Yes... if this individual has abused you physically or sexually, or if you have good reason to fear that this person is about to be violent toward you. This special law in New Hampshire enables you to get a judge to ORDER the abuse to STOP.

The paper that starts this process is called a Petition for Restraining Order for Protection against Domestic Violence. This explains to the judge whom you need protection from and exactly what protection you need. You can ask for help even if you cannot afford to pay court fees. The court clerk will help you in filling out the proper forms.

If you have left your home to avoid being abused, you can still file a petition.

What can the judge do for me?

After you file your petition, the judge can sign a Temporary or Permanent Restraining Order, or both. Either type of Restraining Order, or order, will tell the abuser that he/she may not be violent toward you. A Temporary Restraining Order can be obtained on the same day you file your Petition, without a hearing and without the abuser knowing first. A Temporary Restraining Order lasts for a stated period of time not to exceed 15 days and is given to you by the judge when you are in immediate danger of being hurt. After business hours, you may seek a Restraining order telephonically through the Police Department. Telephonic Restraining orders last through the close of the next business day.

A Permanent Restraining Order can go into effect later. This Restraining Order is for a stated period of time not to exceed one (1) year, unless extended by the court. The judge may want to hold a hearing before signing the Permanent Restraining Order.

What does the Restraining Order do?

Some things the judge MAY order in the Restraining Order are:

• that the abuser not commit any acts of violence against you, your children, or others living with you
• that the abuser immediately leave the home you share
• that the abuser stay away from your home if you are not living together
• that you have temporary custody of any children you and the abuser have together
• that the abuser go to counseling

The judge can order other help, depending upon the circumstances. This is why the contents of the Petition and your attendance at all hearings is so important--so that you can tell the judge what you need and why you need it.

What if the abuse or threats happen again?

A person who refuses to follow a judge's order can be put in jail. If the abuser disobeys the judge's order, contact the police or sheriff's department and show them the certified copy of the Restraining Order for Protection. In some cases the officer will arrest the abuser. Also, you can ask the judge to hold the abuser responsible for not following the judge's order.

 

New Hampshire law provides that protection from Domestic Violence is afforded to a broad range of persons, including family or household members and current or former sexual or intimate partners of the defendant. New Hampshire law provides protection to two groups of people:

• Those who have been directly abused, as defined by the law and those who are entitled to file a petition; and

• Those who are themselves entitled to file a petition because they have not been personally abused, but to whom the statute offers protection once the abuse has been found because of their relationship to the victim.

Who may file a petition?

• Spouses

• Ex-spouses

• Persons cohabiting with each other

• Persons who cohabited with each other but who no longer share the same residence

• Parents of the defendant

• Person related to the defendant by consanguinity (related by blood), and

• Persons related to the defendant by affinity (a connection between one spouse and the blood relations of the other.

**Minor children and step children of the defendant are not entitled to be a plaintiff under this process. Their protection herein lies with the individual asking for the protection**

Anyone who is in an abusive relationship should seriously consider obtaining a restraining order. In order to obtain one, the victim (plaintiff) is required to appear in court before a justice and articulate why an order is to be issued against the abuser (defendant). The Plaintiff should request the necessary paperwork from the clerk of courts. The plaintiff will then be required to complete the "petition". Once completed, The plaintiff will have to appear before the judge, and explain why the order should be issued.

The Judge will, if he deems it necessary, issue the order, along with a notice of hearing to the defendant. The hearing is usually two weeks from the date the order is issued, although the date may be changed depending upon scheduling, etc. The order will usually prohibit the defendant from having any contact with the plaintiff, in person or by phone, and may establish temporary visitation, residency, and monetary requirements to adhered to by both parties. The order may also demand the relinquishing of any deadly weapons, including firearms, which may have been used in the commission of a domestic violence act, to the Police.

In the event that you may require a restraining order after hours or on a weekend, you can still get an emergency restraining order. In order to do so, contact the Danville Police Department at 382-4443. You will either be asked to come to the station, or you may be escorted upon your request. If you are in immediate danger of abuse, please call "911"...The officers responding will safeguard you and your children, if necessary, and advise you on the procedure for obtaining a restraining order after hours.

The most important thing to remember is to get out of an abusive situation as soon as you can. The only way you can obtain help is if you are in a position to request it. Don't hesitate. Please call if you require any assistance, or need to ask any questions.

For additional assistance contact "A Safe Place" at 1-800-852-3388, which provides a 24-hour crisis phone line, emergency shelter, legal advocacy, support groups, and educational programs or visit their website.  http://www.asafeplacenh.org/

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