Restraining orders can be explained as crucial legal tools to ensure safety and prevent harassment, abuse, or threats. In New Hampshire, individuals can use them to seek protection from immediate harm or on-going intimidation. Understanding the different types of restraining orders and knowing when to file them are important for residents to take timely legal action in the most appropriate and effective way.
Domestic Violence Protective Orders
One of the most common types of New Hampshire restraining orders is the Domestic Violence Protective Order. This is issued when an individual faces an unfortunate event of physical harm, threat, or sexual assault from a current or former household member, partner, or spouse. During such circumstances, the victims can request for an emergency order, which is also widely known as an ex parte order. This order will take immediate effect and remains valid until a full court hearing takes place. If the court finds sufficient evidence during the hearing process, it might choose to grant a longer-term order, which will typically last for around an year. It is also renewable upon request.
Stalking Protective Orders
A Stalking Protective Order is provided to individuals who experience repeated unwanted contact, following, or surveillance that might cause emotional distress or fear with regard to personal safety. Unlike domestic violence orders, stalking orders can be filed even if the parties concerned are not in a domestic relationship. The petitioner must be able to prove that the alleged stalker’s actions were intentional and persistent in a way creating a legitimate threat or discomfort. These orders can choose to restrict communication, physical proximity, and even online interactions.
Sexual Assault Protective Orders
In cases where the survivors of sexual assault do not have an on-going domestic or personal relationship with the offender, a Sexual Assault Protective Order grants the necessary legal protection. The purpose of this order is to prevent future contact and ensure that the survivors are not further traumatized by unwanted approaches or communication. The court can also choose to include some additional provisions like prohibiting the offender from visiting the victim’s residence, workplace, or school.
Temporary and Permanent Orders
Depending on the situations and findings of the court, each type of New Hampshire restraining orders can come under the two types namely temporary or permanent. When the court finds evidence of an immediate danger, it will come forward to grant temporary orders rather quickly. These orders will provide short-term protection until a court hearing is conducted. Permanent orders, which are issued after the hearing, can last up to a year. In case the threat persists even after that, the permanent orders can also be extended. Violating any restraining order will constitute a serious offense. In fact, it can lead to criminal charges, fines, or imprisonment.
Take Away
The ultimate objective of New Hampshire restraining orders is to protect individuals from violence, threats, and harassment. Broadly speaking, they provide legal pathways tailored to different forms of abuse or intimidation. By consulting with an experienced attorney, persons facing such dire situations can safely navigate the process and protect their rights.
