Restraining Order and Domestic Violence in New Hampshire

Domestic violence is a situation that is taken very seriously. There are laws in place to protect victims of domestic violence or abuse. When someone is a victim of this type of abuse they are often afraid to come forward for fear that the abuser will become more violent. If you are a victim of domestic violence you will need to speak to an experienced New Hampshire family law attorney. Your lawyer will review all the information about the situation and help you determine what the next step should be. Domestic violence is a serious act and it should be reported immediately. Once reported, the police will investigate the charges and if founded a person may be arrested. If you are afraid of someone because of domestic abuse you may seek a restraining order.
What is Domestic Violence?
There are many acts that may be considered domestic violence. Any type of slapping, hitting, punching, or knocking down by another can be considered domestic violence. Domestic violence can occur between any people who are living together or who have a relationship. It’s a common misconception to think that domestic abuse can only happen between a husband and wife. In fact, it can occur between any adults who are in a domestic situation. There are many things that may be considered abuse including:
Reckless conduct
Sexual assault
Destruction of property
Unauthorized entry
Restraining Order
A restraining order is a court order that typically requires a person to stay away from another person. A victim of domestic abuse can request a restraining order from the court. The judge will review the information and issue a restraining order. It is important to note that a domestic violence restraining order will be part of the official local and state police records. This could negatively impact the ability to get future employment if a background check is done. If you are the alleged offender in a domestic violence case you should talk to an attorney as soon as possible. If you are seeking a restraining order you will need to make a request. This request will go before a judge as quickly as possible. In most cases a temporary restraining order will be ordered. The temporary restraining order will expire but in the meantime, the parties will need to go to court on the assigned court date to speak to the judge. At that time the judge will either make the restraining order permanent or will cancel the order. Permanent restraining orders are generally in place for a longer period of time, sometimes a year. Additionally, when a restraining order is in place the person is not allowed to keep any weapons.
Restraining Order Violation
All too often, restraining orders are violated. If you have a restraining order in place against someone it is important that you take steps to make sure that it is followed. In other words, you should not allow contact in any manner if it has been disallowed according to a restraining order. A restraining order does not allow any type of contact between parties for the duration of the order. This usually includes any form of communication including verbal, face to face, texting, emails, and letters. Additionally, the person is not to come within a specific number of feet near the other person. For example, a restraining order may preclude someone from coming within 100 feet of the other individual. If the person disobeys the restraining order it is a criminal offense that can and often is punished.
Victim of Domestic Violence
There are many actions that can be considered domestic abuse. Sometimes domestic abuse can be cumulative. Often an abuser becomes increasingly more violent over time. For example, the first incident may be minor but when other incidents occur the anger and the abuse may escalate. Domestic abuse can be physical or emotional; however, the courts most often deal with physical abuse. It is essential that a victim of domestic abuse does not later recant the original story of abuse. When this occurs it will be more difficult to prosecute the case, however, it won’t typically be dropped. If you have been the victim of domestic abuse it is essential to leave the abuser and get shelter in a safe location. There are many women’s shelters and other safe locations where women can stay.
Help with a Restraining Order
The first thing to do if you have been abused is to get a restraining order. This will put an immediate stop to the potential harm and help to provide a cooling period. Consult with a knowledgeable New Hampshire family lawyer who will review your situation and advise you as to how to proceed. If a restraining order is needed your attorney will help you get one. In addition to a restraining order, some women are worried about how they will pay for living expenses after their husband is out of the home. The court can order the payment of rent or mortgage, utilities, child support, and financial support. Also, the court may order the individual to attend an intervention program for batterers or individual counseling. If medical expenses were incurred as a result of physical violence, the offender may be ordered to pay these medical bills as well as any lost wages and property damage.
Resolving a Domestic Violence Case
If you are a victim of domestic violence you’ll want to take immediate action. Discuss the situation with a qualified New Hampshire family law attorney as soon as possible. After receiving a restraining order you’ll want to begin separation or divorce proceedings. Your lawyer will review your case and assist you in how to move forward. If you have any questions your attorney will be able to answer them for you. Additionally, your lawyer will be able to provide you with local resources where you can seek support and emotional help as you go through this difficult time.