New Hampshire Proposed Temporary Restraining Order

State:
New Hampshire
Control #:
NH-BH-133-05
Format:
PDF
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Description Restraining Order Nh

A06 Proposed Temporary Restraining Order
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FAQ

Assault; reckless conduct; criminal threatening; sexual assault; criminal restraint or kidnapping you; false imprisonment. stalking; criminal mischief (destruction of property) or arson;

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.

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.

In most instances, permanent simply means that the restraining order will be enforceable for the specified period of time that is mandated by the court or until a party requests a change. An offender who is subject to a permanent restraining order may be able to file a request to have the order lifted.

Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.

The temporary restraining order in California does not go into the CLETS database and will not come up on a background check. It will also generally not impact the restrained parties' ability to possess a firearm.

Normally a TRO lasts for 14 days unless the court decides to dissolve or extend it. A notice for a hearing must be contained in the TRO and the hearing must take place within the 14 days after the TRO is granted.

Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

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New Hampshire Proposed Temporary Restraining Order