- First, if you’ve been served with a domestic violence restraining order pursuant to NH
RSA 173-B, do not under any circumstances attempt to contact the subject of the protective order. This includes communication through a third party. Do not use social media as a means of communication. Posting an update on social media, clearly meant to be communicative to the subject of the protective order could be considered a violation of the order. If you see the subject of the protective order in a public place, leave!
- Second, typically the final hearing on whether a temporary domestic violence restraining order will become a final order of protection occurs within 30 days. The date of the hearing will appear on the documents you’ve been served. You have a right to request an expedited hearing by filing a written request with the Court. If an expedited hearing is requested it will occur within 3-5 days after the request is received by the Court.
- Third, either a temporary or a final restraining order prohibits you from having contact with the subject of the order; it does not prohibit him/her from contacting you. This is very important, as you would be committing a crime if you communicate with the subject of the protective order. The other party is not subject to the same consequences. Do not answer the phone if he/she calls! Do not return text messages! Do not engage in sending messages back and forth through a third party! The consequences for you could be arrest and incarceration.
- Fourth, if you have children with the subject of the protective order, the Order may or may not prohibit you from seeing your children. Review the Order carefully. If the Order does not prohibit you from seeing your children, you remain unable to coordinate child exchanges with the subject of the protective order. If you have an attorney he/she can coordinate child exchanges with the other party. If you do not have an attorney, you may need to request assistance from the Court in order to facilitate child exchanges while the restraining order remains in effect.
- Fifth, if a final domestic violence restraining order is granted after a hearing, it will be in effect for one year. During that time you will be subject to arrest, incarceration, and criminal prosecution if you contact the subject of the protective order. If you possess firearms, you will be prohibited from taking possession of those firearms during that time.
Having a domestic violence restraining order against you has very serious consequences. If you are able, you should seek the assistance of an attorney to help you defend yourself and protect your rights.