In the state of New Hampshire, anyone can file for a Domestic Violence Protective Order (DVPO) or a Stalking Protective Order (SPO) if they are a victim of domestic violence or stalking. There are a variety of requirements necessary to meet the standard of both a DVPO and an SPO, which will be discussed throughout this newsletter. Protective orders can be extremely beneficial for people who are in situations where they are in fear for their personal safety or well-being. When determining what type of order of protection to file, we recommend reaching out to a local crisis center or an attorney and/or legal services to talk through the situation prior to filing anything. While crisis center advocates cannot provide legal advice to callers (i.e., telling people what type of legal action to pursue), advocates can give information about DVPO’s and SPO’s and support callers in deciding for themselves what the best option is for their situation. Additionally, crisis center advocates can help with filling out the protective order, filing the paperwork and preparing clients for next steps, future hearings, etc.
The process for filing a domestic violence or stalking protective order starts with going to your local courthouse or getting connected with a crisis center to help file a protective order electrically if there are barriers to getting to your local courthouse. When filing at the courthouse, you must see the clerk and let them know you’re looking to file a protective order. The court clerk will ask you a few questions about your relationship to the person you’re filing against to ensure that you’re filing the correct type of order (there are qualifying relationships for protective orders). Once you’ve gathered the correct paperwork for your situation, you will start filling out the protective order. Most of the information will be statistical information about you and the person you’re filing against, as well as specific requests for the order of protection, and the petition portion. The petition portion of a protective order is where people write about what’s been happening that has caused them to come to court to file a protective order. Crisis center advocates cannot tell people what to write in their petition because that is considered legal advice, but we can give information based on best practices and assist filers in figuring out what information may be important for them to include.
Once the protective order is filled out completely, it must be returned to the clerk for them to review. Protective orders are free to file but you do need to show a legal ID to verify your identity. Once the protective order is submitted, a judge will review it as soon as possible and make a ruling based on the information given in the petition. Because DVPO’s and SPO’s are considered an ‘emergency order’ you will get a ruling the same day that you file. If the judge determines that the information in the petition meets the legal requirements for DVPO or an SPO, it will be granted on a temporary basis until a hearing can take place within 30 days.
The DVPO or SPO hearing will determine whether a permanent protective will be issued or not, which is valid for 1 year with the possibility to extend up to 7 years in total. Protective orders can also be denied with a hearing, which means that there are no temporary protections put into place, but a hearing will be scheduled within 30 days to give the plaintiff (the person filing the protective order) an opportunity to tell the court what is going on and why they need a permanent protective order. Whenever a hearing is scheduled, the defendant (the person who you’re filing against) has the right to request that the hearing date be expedited. Essentially, this means that the hearing date for a permanent DVPO or SPO will happen in 3-5 days rather than 30 days. This is something to keep in mind if you’re trying to find legal services or need help preparing for a hearing. Lastly, protective orders can be denied altogether if they do not satisfy any of the legal requirements of a DVPO or an SPO. The person you are filing against is not notified that you attempted to file a protective order against them.
CCCNH understands that the legal system is very difficult to navigate alone. Domestic violence (DV) advocates can aid survivors by giving them information about their options, helping fill out court paperwork, giving information about the court process and what to expect, preparing clients for hearings, attending hearings with clients, and working with clients to get connected with legal services. We can provide this type of assistance for protective orders, parenting plans, divorce, and ex-parte’s. DV advocates can also accompany survivors to some criminal proceedings. If you do not know which DV crisis center to contact, you can call the statewide hotline (866-644-3574) for domestic violence, and they will route you to the correct crisis center.