Domestic Violence Protection Order - New Hampshire

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Hampshire requires the use of official court forms from the Domestic Violence Order of
Protection Petition Packet for domestic violence protection order petitions. This template
provides the substantive legal content to help you prepare — but you must transfer your
content to the official form before filing. The official forms are available at
https://www.courts.nh.gov/our-courts/circuit-court/district-division/forms/domestic-violence-forms.
Do not file this document directly with the court.

DOMESTIC VIOLENCE PROTECTIVE ORDER

State of New Hampshire – Circuit Court, Family Division

Issued Pursuant to N.H. Rev. Stat. Ann. Chapter 173-B

I. DOCUMENT HEADER

1. Caption
   1.1 Court: State of New Hampshire – Circuit Court, Family Division – [COUNTY]
   1.2 Docket No.: [DOCKET NUMBER]
   1.3 Title: "Domestic Violence Protective Order" (☐ Temporary (Ex Parte) ☐ Final)

2. Parties
   2.1 Petitioner ("Protected Party"): [FULL LEGAL NAME], DOB [MM/DD/YYYY]
   2.2 Respondent ("Restrained Party"): [FULL LEGAL NAME], DOB [MM/DD/YYYY]

3. Effective Date & Duration
   3.1 Effective Date: [DATE]
   3.2 Expiration Date: [DATE]
   • Final order: fixed period not to exceed one year from issuance, per N.H. Rev. Stat. Ann. § 173-B:5, VI; the Court may extend the order on the plaintiff's motion for good cause — one year for the first extension and up to five years for each subsequent extension.
   • Temporary (ex parte) order: remains effective until the final hearing held under N.H. Rev. Stat. Ann. § 173-B:3, VII (or § 173-B:4, I); a telephonically issued emergency order is effective until the close of the next regular court business day.

II. DEFINITIONS

For purposes of this Order, capitalized terms have the meanings set forth below.

"Abuse" means the commission or attempted commission of any act described in N.H. Rev. Stat. Ann. § 173-B:1 by a family or household member or current or former intimate partner, that constitutes a credible threat to the plaintiff's safety.

"Contact" includes, without limitation, in-person interaction, telephone calls, text or instant messages, e-mail, social media interaction, third-party communication, delivery of gifts, or surveillance.

"Court" means the New Hampshire Circuit Court – Family Division hearing this matter.

"Firearm" has the same meaning as in 18 U.S.C. § 921(a)(3).

"Protected Person(s)" means the Petitioner and the following additional individuals, if any: [LIST NAMES / DOBs OF MINOR CHILDREN OR OTHER HOUSEHOLD MEMBERS].

"Residence" means [STREET ADDRESS, CITY/TOWN, NH], including any curtilage, outbuildings, and vehicles located thereon.

III. OPERATIVE PROVISIONS

Upon a finding, by a preponderance of the evidence, that Respondent committed abuse (as defined in N.H. Rev. Stat. Ann. § 173-B:1) and represents a credible threat to the safety of the Petitioner (§ 173-B:5, I), and pursuant to N.H. Rev. Stat. Ann. § 173-B:4 (temporary relief) and § 173-B:5 (relief), the Court HEREBY ORDERS:

1. No Abuse
   Respondent shall refrain from abusing, harassing, stalking, or threatening any Protected Person.

2. No Contact
   Respondent shall have no Contact with any Protected Person, directly or indirectly, except as explicitly permitted in Section 3 (Limited Communications).

3. Limited Communications (if applicable)
   ☐ Not applicable
   ☐ Respondent may communicate with Petitioner only for the limited purpose of [CHILD-EXCHANGE / OTHER], exclusively through [METHOD], and only between the hours of [TIME RANGE] with at least [HOURS] advance written notice.

4. Stay-Away & Exclusion
   Respondent shall stay at least [300] feet from:
   a. The Residence;
   b. Petitioner's place of employment [ADDRESS];
   c. [CHILD'S] school or daycare [ADDRESS]; and
   d. Any other location where a Protected Person is reasonably believed to be.

5. Vacate Residence
   Respondent shall immediately vacate the Residence. Respondent may re-enter only when accompanied by a peace officer and permitted by the Court for the sole purpose of retrieving specified personal property (N.H. Rev. Stat. Ann. § 173-B:5, I(a)(2)); a peace officer shall accompany Petitioner in retrieving Petitioner's specified personal property (§ 173-B:5, I(b)(2)).

6. Firearms & Deadly Weapons
   a. As required by N.H. Rev. Stat. Ann. § 173-B:5, I (and § 173-B:4, I for a temporary order), Respondent shall relinquish to the peace officer any and all firearms and ammunition — and any deadly weapons specified in this Order (§ 173-B:5, I(a)(6)) — in Respondent's control, ownership, or possession, or held by another on Respondent's behalf, for the duration of this Order.
   b. Respondent is prohibited from purchasing, receiving, or possessing any firearms, ammunition, or specified deadly weapons for the duration of this Order. N.H. Rev. Stat. Ann. § 173-B:5, II. Independently, federal law prohibits Respondent's possession of firearms or ammunition while subject to a qualifying final order (18 U.S.C. § 922(g)(8)).
   c. Law enforcement shall retain the relinquished firearms, ammunition, and specified deadly weapons and shall not release them except pursuant to a court order as provided in N.H. Rev. Stat. Ann. § 173-B:5, X.

7. Temporary Custody & Parental Rights (if applicable)
   ☐ Not applicable
   ☐ Temporary decision-making responsibility and residential responsibility for the minor child(ren) listed below is awarded to Petitioner until the earlier of the Order's expiration or further Court order (N.H. Rev. Stat. Ann. § 173-B:5, I(b)(5)–(6)):
   • Child 1: [NAME, DOB]
   • Child 2: [NAME, DOB]

8. Support & Financial Relief (if applicable)
   ☐ Not applicable
   ☐ Respondent shall pay to Petitioner temporary child support/spousal support in the amount of $[AMOUNT] per [WEEK/MONTH], commencing [DATE], pursuant to N.H. Rev. Stat. Ann. § 173-B:5, I(b)(7).

9. Care of Animals
   ☐ Not applicable
   ☐ Exclusive care, custody, or control of the following animal(s) is awarded to Petitioner: [DESCRIPTION]. Respondent shall not take, transfer, encumber, conceal, harm, neglect, or dispose of said animal(s), and shall stay away from them. (N.H. Rev. Stat. Ann. § 173-B:5, I(a)(7).)

10. Additional Relief
    ☐ [DESCRIBE COURT-ORDERED RELIEF CONSISTENT WITH RSA 173-B:5]

IV. REPRESENTATIONS & WARRANTIES

Not Applicable

V. COVENANTS & RESTRICTIONS

1. Respondent's Covenants
   a. To comply fully and promptly with every provision of this Order.
   b. To appear at all scheduled hearings and participate in any court-ordered programming (e.g., a batterer's intervention program under N.H. Rev. Stat. Ann. § 173-B:5, I(b)(8)).

2. Petitioner's Covenants
   a. To refrain from aiding, abetting, or facilitating Respondent's violation of this Order.
   b. To notify the Court in writing of any material change in circumstance relevant to the protections herein.

VI. DEFAULT & REMEDIES

1. Events of Default
   Any knowing violation of this Order by Respondent constitutes a criminal offense under N.H. Rev. Stat. Ann. § 173-B:9 and may also constitute contempt of court (§ 173-B:5, VII).

2. Law-Enforcement Response
   When Respondent violates this Order, peace officers shall arrest Respondent and ensure detention until arraignment. Such arrests may be made within 12 hours, without a warrant, upon probable cause, whether or not the violation is committed in an officer's presence. N.H. Rev. Stat. Ann. § 173-B:9, I(a). Upon the arrest, the officer shall seize any firearms and ammunition in Respondent's control, ownership, or possession and any deadly weapons used or threatened to be used during the violation. § 173-B:9, I(b).

3. Criminal Penalties
   A knowing violation of this Order is a class A misdemeanor, and a charge under this chapter shall not be reduced to a lesser charge. N.H. Rev. Stat. Ann. § 173-B:9, III. Where Respondent has a prior conviction under § 173-B:9, III (or an equivalent out-of-state violation) and, within 6 years, commits and is convicted of a further offense involving abuse, that subsequent offense may be charged at an enhanced level — e.g., an offense that would otherwise be a class A misdemeanor may be charged as a class B felony. § 173-B:9, IV.

4. Civil/Contempt Sanctions
   A willful violation of this Order is both a crime and contempt of court; prosecution or sentencing for criminal contempt does not preclude prosecution or sentencing for the underlying criminal charges. N.H. Rev. Stat. Ann. § 173-B:5, VII; § 173-B:9, II.

VII. RISK ALLOCATION

Not Applicable

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Order is governed by the laws of the State of New Hampshire.

2. Forum Selection
   Exclusive jurisdiction lies with the issuing Family Division of the New Hampshire Circuit Court.

3. Modification & Dissolution
   No order issued under RSA 173-B may be modified other than by the Court, and temporary reconciliation of the parties does not revoke it. A party seeking to change any provision of this Order must petition the Court in writing for modification. N.H. Rev. Stat. Ann. § 173-B:5, VIII.

4. Appeals
   Findings of fact are final; questions of law may be transferred to the New Hampshire Supreme Court (N.H. Rev. Stat. Ann. § 173-B:3, VI), and any final order may be appealed in accordance with the New Hampshire Supreme Court Rules.

5. Injunctive Relief
   The injunctive nature of this Order is primary and ongoing. Monetary damages are inadequate to remedy violations.

IX. GENERAL PROVISIONS

1. Full Faith & Credit
   This Order shall be accorded full faith and credit by all United States jurisdictions pursuant to 18 U.S.C. § 2265.

2. Service & Entry
   a. Either a peace officer or the sheriff's department shall serve this Order on Respondent; no fee is charged for the petition or for service of process. N.H. Rev. Stat. Ann. § 173-B:3, III.
   b. A copy of this Order shall be transmitted to the Administrative Office of the Courts, which shall enter it into the statewide protective-order database made available to police and sheriff departments; a qualifying order is entered into the National Crime Information Center (NCIC) Protection Order File. N.H. Rev. Stat. Ann. § 173-B:5, IX.

3. Severability
   Should any provision of this Order be held invalid, the remaining provisions shall remain in full force and effect.

4. Integration
   This document constitutes the complete protective order; any prior protections not contained herein are superseded.

5. Electronic & Facsimile Copies
   Certified electronic or facsimile copies of this Order are legally enforceable.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, and based upon the statutory findings announced on the record, it is SO ORDERED.

Acknowledgment of Receipt (Optional – Not Required for Enforceability)

I, ____________________________ (Respondent), acknowledge receipt of a certified copy of this Protective Order on ____________, 20____, at ____ ☐ am ☐ pm.
Signature: ______________________________________