Conflicts can occur amongst family members frequently; however, sometimes these issues may become violent or dangerous. In these cases, one may need to place a restraining or protective order on the person who is making a threat against them.
If you are experiencing fear due to violent behavior by a spouse or family member, you should contact a New Hampshire protective order lawyer. If you have had a protective order placed against you, it is necessary to contact a skilled defense attorney for assistance moving forward.
What Exactly is a Protective Order?
Protective orders are ordered by a court upon the request of an individual who does not feel safe being near an abusive person. A protective order may have been requested because of domestic violence, stalking or other intimidating actions.
In the state of New Hampshire, a protective order may last for up to one year or more. When a protective order is granted, the alleged abusive individual cannot contact the alleged victim, which includes phone calls, e-mails, text message, or other unwarranted communication. A New Hampshire protective order attorney can ensure the individual is protected according to the law.
What Happens when a Protective Order is Granted
First, if a judge determines that one partner is a credible threat to the other partner in a relationship, a protective order can be placed. The individual who requests the protective order becomes the plaintiff and the person who is considered the abuser is the defendant.
Under New Hampshire Law, the defendant must turn all firearms and ammunition they own over to law enforcement officials. Defendants will not be allowed to buy or receive firearms or weapons during the term of the protective order. They must not do any of the following during the validity of the protective order:
- The defendant cannot enter the home of the plaintiff unless they are escorted by police
- The defendant cannot contact the plaintiff at their job, school or places they regularly visit
- The defendant can no longer abuse the plaintiff, their family or others who live in their home
Joint Property and Children in a Protective Order Case
During the period of the protective order, the plaintiff has exclusive use of the home whereby both parties live or jointly own the property. The defendant has no right to joint property during the period of the protective order. The defendant cannot keep any property belonging to plaintiff. Any property of the plaintiff which the defendant has in possession must be returned to the plaintiff. The defendant cannot take or destroy property that belongs to the plaintiff even if they both have equal ownership of the property.
The plaintiff has exclusive use and possession of joint possessions, such as home furniture or appliances, by which the couple owns together. The defendant will be ordered to pay mortgage, rent, insurance and auto payments. The defendant may be ordered to provide financial support to the plaintiff or to minor children the couple has together. The defendant will be ordered to attend personal counseling to control their combative behavior.
Potential Penalties for Violating a Protective Order
If a person violates a protective order and contacts the other person, they may face a Class “A” Misdemeanor. Subsequent violations could result in harsher penalties.
Contact a New Hampshire Protective Order Lawyer Today
If you have had a protective order filed against you, do not hesitate to contact a New Hampshire protective order lawyer who can give counsel and determine the best course of action.