HOW TO GET A PROTECTIVE ORDER
A legal advocate can make this process less confusing, and his/her services are free. Call your local domestic violence organizations and ask for assistance or ask the court if a legal advocate is available. If you wish to obtain an order on your own then;
1. Emergency Orders -If you are in immediate need of protection from domestic violence then call your local police department, use 911 if violence is occurring. When the officer arrives ask for an emergency telephonic restraining order. The officer will have to fill out a form and contact a judge who in turn must approve the issuance of the emergency restraining order. This order is valid for 24 hours or until the first day the court is open in the case of weekends and holidays. At this time you must apply for a temporary order at the court.
2. Temporary Orders-If the threat is not imminent or is the result of on-going abuse then you can apply for a restraining order at the district court in your area or the superior court in your county during normal business hours. Because most district courts do not have a full time judge to grant the restraining order it is recommended to apply for one at the superior court. In Rockingham and Grafton Counties the Family Division at the superior court handles the issuance of restraining orders and has many well trained employees to assist you in the process. If the restraining order is granted by the judge, it will be a temporary order that will set a court date for you and the offender to appear before the judge to establish the facts and set the guide lines that must be obeyed until the final hearing.
3.Permanent Orders- Upon issuance of the temporary order a court date was set for the final hearing at which you and the offender were notified to appear. This hearing gives both sides the opportunity to testify about the facts of the case. Generally speaking, if one side fails to appear, the court will find for the person that does appear. It is very important that you appear at this hearing to get the lawful protections that you are entitled to. This order is valid for one year unless renewed at that time.
WHAT IS IN A RESTRAINING ORDER ?
A close representation of the wording on a protective order can be found below. The person that you take a restraining order out against (the offender) is referred to in the court order as the defendant. You as the applicant for the restraining order will be referred to as the plaintiff. The protective order may specify any of the following items;
1. The defendant shall not abuse or interfere with the person or liberty of the plaintiff.
2. The defendant shall not contact the plaintiff by telephone, electronic mail, fax, letters, the sending of gifts, or other means, or through other persons, unless specifically authorized by the court.
3. The plaintiff shall have exclusive use and possession of the parties residence unless paragraph 12 is checked.
4. The defendant shall not enter in or on the premises where the plaintiff resides except with a peace officer for the sole purpose of removing defendant's personal possessions.
5. The defendant shall not contact the plaintiff at or enter upon plaintiff's place of employment or school, or as specified herein;
6. The defendant is restrained from abusing, harassing, intimidating, stalking, threatening, or otherwise interfering with the person or liberty of the plaintiff's household members, or plaintiffs relatives, and engaging in any other conduct which would place the plaintiff in reasonable fear of bodily injury to the plaintiff or the plaintiff's household members or relatives.
7. The defendant shall not use, attempt to use or threaten to use physical force against the plaintiff or the parties children which would reasonably be expected to cause bodily injury.
8. The defendant shall not take, convert, or damage any property in which the plaintiff has a legal or an equitable interest.
9. The defendant shall relinquish to a peace officer all firearms and ammunition in his/her control, ownership or possession, and the defendant is prohibited from purchasing or obtaining any firearms or ammunition during the pendency of this order.
10. The defendant shall also relinquish all deadly weapons as defined in RSA 625:11V, which may have been used, intended to be used, threatened to be used, or could be used in an incident of abuse. These weapons may include the following: ____________________________________ .
11. Other protective orders: ____________________________________________________ .
12. The court finds that the defendant exclusively owns or leases and pays for the premises located at __________ and that the defendant ha no legal duty to support the plaintiff or minor children. Therefore, the defendant shall have exclusive access, use and possession of the premises (including household furniture and furnishings). However the plaintiff may enter in or on said premises with a peace officer for the sole purpose or removing the plaintiff's personal possessions.
13. The plaintiff is awarded custody of the minor children.
14. Visitation of children: supervised
_________
unsupervised _________
dates & times ________
pick up/drop off ______________
15. The defendant shall pay child support to the plaintiff
16. The plaintiff shall have use of the following vehicles:
17. The defendant shall have use of the following vehicles
18. The defendant shall pay the plaintiff the total amount of $_____ which includes losses suffered as a direct result of the abuse and attorney's fees.
19. The defendant shall attend _________ a batterer's intervention program and/or ______ personal counseling, for a period of _____ months/years. The defendant shall provide proof of attendance to the court at monthly intervals.
20. Other: _________________________________
The judge will make a decision which items he/she will make a part of the final or temporary order based on the facts of your situation. Violations of this protective order will result in the arrest of the defendant if it involves assault, criminal trespass, criminal mischief, stalking, or other criminal acts.