New Hampshire Complaint for Restraining Order

State:
New Hampshire
Control #:
NH-SKU-1015
Format:
PDF
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Description

Complaint for Restraining Order

A New Hampshire Complaint for Restraining Order is a legal document filed in the New Hampshire Court to protect the Petitioner (the person filing for the order) from harm, harassment, or contact from another person, referred to as the Respondent. There are two types of New Hampshire Complaint for Restraining Order: Domestic Violence Restraining Order (DVR) and Civil No Contact Order (CNC). A DVR is a court order designed to protect people who are in a family or household relationship from abuse, which includes physical, emotional and sexual abuse. A CNC is a court order that protects people who are not in a family or household relationship from harassment, stalking, or other forms of unwanted contact. When filing a New Hampshire Complaint for Restraining Order, the Petitioner must provide a detailed description of the incidents leading up to the filing, including dates, times, and locations. The Petitioner must also provide evidence of the Respondent's behavior, such as witness testimony, text messages, or photographs. The Petitioner must also provide information about the Respondent's address and whereabouts. Once the Petitioner has filed the New Hampshire Complaint for Restraining Order, the Court will review the complaint and decide whether to issue a temporary restraining order. If the Court finds that the Petitioner has a valid reason for the restraining order, the Court will issue a permanent order. The Respondent will be given notice of the order and will be required to appear in court to contest the order.

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FAQ

A final order may be extended upon written motion of the plaintiff, with notice to the defendant. If the court, in its discretion, finds good cause for the extension, the court may extend the final protective order for one year on the first extension request, and thereafter, each extension may be up to five years.

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.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

The petition may be withdrawn by the plaintiff at any time. To withdraw the petition, the plaintiff must come to the court and complete a request for withdrawal form.

If you feel you need additional protection from the defendant, you may want to consider visiting the local Family Court and filing for a restraining order. These orders typically stay in place for one year.

The legislation compels the court to consider whether to issue a court order prohibiting the defendant from having contact with the alleged victim whenever a person is arrested or charged with domestic violence. A ?No Contact Order? is what it's called.

A final protective order can be issued only after a court hearing where you and the abuser have the right to be present and to each present your evidence, testimoney, etc. A final order will last up to 1 year, unless otherwise stated.

More info

You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced.Ask for a restraining order. You will complete and turn in court papers. Restraining Orders are court orders directing a violent person to stop harassing a victim or the victim's children. A person seeking a Restraining Order can go to a court and fill out paperwork to apply for the order or have an attorney complete the documents. The Restraining Order Help Center (free); Online at the Judicial Council Forms page; Bookstores and print shops that have legal forms. If the abuser violates any part of the Order, you can notify the court in writing or file a complaint with the District Court Commissioner. How Will a Restraining Order Help Me? Can I Have More Than One Restraining Order at the Same Time?

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New Hampshire Complaint for Restraining Order