New Hampshire Protective Order - Civil Form 5

State:
New Hampshire
Control #:
NH-SKU-0055
Format:
PDF
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Description

Protective Order - Civil Form 5

New Hampshire Protective Order — Civil Form 5 is a document that can be used to request a restraining order in civil court. It is a legal document that is used to protect people from abuse, harassment, stalking, or other acts of violence. It can be used in cases of domestic violence, family violence, dating violence, and sexual assault. The court can grant a protective order that orders the abuser to stay away from the victim, not contact the victim, and/or have no contact with the victim's family or friends. There are two types of New Hampshire Protective Order — Civil Form 5: a temporary restraining order and a permanent restraining order. A temporary restraining order is issued without a hearing and is valid for up to 10 days, while a permanent restraining order can only be issued after a full hearing in court.

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FAQ

A. All motions for continuance shall be in writing, signed by the moving party stating the reasons therefor and stating that the opposing party does not desire a hearing on the motion, if such is the case. B. No motion for continuance shall be granted without a hearing unless approval of the opposing party is obtained.

Motions that are not assented to will be held for 10 days from the filing date of the motion to allow other parties time to respond, unless justice requires an earlier Court ruling.

To file a small claim, contact the municipal or district court clerk nearest where you live. If your problem is worth more than $10,000, you may want to discuss with an attorney whether it would be easier to simply file a small claims suit for the $10,000 maximum rather than going to "real" court.

(d) Motions to Dismiss. Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the date set for trial on the merits, unless the court shall otherwise order in the exercise of discretion.

Once a protective order is in effect against the abuser, it is a crime for the abuser to violate the order. If the abuser knowingly violates a protective order in any way, it is a class A misdemeanor crime. You should report any violations to the police. The police will decide whether to arrest and prosecute him/her.

Any party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect, copy, test, or sample any designated documents or electronically stored information including writings, drawings, graphs, charts, photographs, sound

If you object to the order, you must attend the final hearing. You also have the right to request that hearing be held within three to five business days of the petition being filed. If you want an earlier hearing date, you should go to the court to file a written request that would be scheduled more quickly.

Criminal Contempt. (a) Direct Contempt. A direct criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the presence of the judge.

More info

Domestic Violence Forms ; GF-5d. SC-3. General Forms ; GF-5d. SC-3.An order of protection is a court order requiring one person to do, or not do, certain things if a crime is committed. An Order of Protection is a court order that tells one person what they cannot do to another person, or what contact is allowed. NOTE: Court clerks will provide assistance in completing these forms. What Is "Renewing" a Restraining Order? How do I ask for a domestic violence restraining order? You will need to complete a few court forms. Visit CourtHelp to learn more about Domestic Violence. Form Number, Title, PDF, DOC, WPD.

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New Hampshire Protective Order - Civil Form 5