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When parents choose to end their marriage through divorce, they may need to address a variety of complex child custody issues.However, protective orders can also be based on false accusations, or they may be used in an attempt to gain an unfair advantage during divorce.
Assault; reckless conduct; criminal threatening; sexual assault; criminal restraint or kidnapping you; false imprisonment. stalking; criminal mischief (destruction of property) or arson;
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.
The only time that you should file is when your ex-partner behaved in a way that warrants a restraining order. If you lie about your reasons for getting a restraining order against your ex, you could be the one who it hurts. Your partner can dispute the order.
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.
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.
The process of going through a divorce takes an emotional toll on those involved, and can sometimes bring out the worst in even the nicest people. When it comes to your safety and the safety of your children, you can never be too careful, which is why restraining orders are common during a divorce.
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.