New Hampshire domestic violence laws work on two parallel tracks. A victim can ask a civil court for a protective order under RSA 173-B, and the state can separately prosecute the abuser under the criminal domestic violence statute, RSA 631:2-b. Protective orders cost nothing to file, can be issued the same day in an emergency, and carry serious criminal penalties if the abuser breaks them. A criminal conviction brings jail time that a judge cannot suspend, a permanent record marked as domestic violence, and a lifetime federal firearms ban.
What Counts as Domestic Violence
Under RSA 631:2-b, domestic violence covers a range of conduct when it is directed at a family member, household member, or intimate partner. That includes causing bodily injury through intentional, knowing, or reckless physical force; threatening someone with a deadly weapon to terrorize them; forcing or coercing sexual contact; unlawfully confining another person; and blocking someone’s access to a phone or device to keep them from calling for help.1New Hampshire General Court. New Hampshire Code 631:2-b – Domestic Violence
The civil statute, RSA 173-B:1, uses a broader list that includes assault, criminal threatening, sexual assault, interference with freedom, destruction of property, unauthorized entry, and harassment. For a civil protective order, the petitioner must also show a credible present threat to their safety, not just a past incident.2New Hampshire General Court. New Hampshire Code 173-B:1 – Definitions
Both tracks require a qualifying relationship. Family and household members include current and former spouses, current and former cohabitants, and relatives by blood or marriage. Intimate partners include anyone currently or formerly in a romantic relationship, whether or not it was ever sexual. A minor child who lives with the defendant and is related by blood or marriage cannot petition on their own; a parent or guardian has to file for them.2New Hampshire General Court. New Hampshire Code 173-B:1 – Definitions
How to Get a Protective Order
The process starts with a Domestic Violence Petition, available at any circuit court. The petition asks for a written account of the abuse with dates and descriptions of each incident, plus identifying information about the defendant. It has to be signed in person at the courthouse. Filing by fax, email, or mail is not accepted.3New Hampshire Judicial Branch. Domestic Violence Petition
Petitions are usually filed at the family or district division of the circuit court where the petitioner or the defendant lives, but any circuit court will accept the paperwork and transfer it if needed.4New Hampshire Judicial Branch. Orders of Protection and Restraining Orders
Court staff bring the petition to a judge the same day. The defendant is not present at this stage. If the judge finds an immediate and present danger of abuse, a temporary protective order is signed on the spot and takes effect immediately. Law enforcement then serves the defendant with the petition, the temporary order, and notice of the final hearing.5New Hampshire General Court. New Hampshire Code 173-B:4 – Temporary Relief
When the courthouse is closed, a victim in immediate danger can go to any local police department. An officer will help with paperwork and reach a judge by phone. If the judge finds an immediate threat, a telephonic emergency order is issued. It is valid statewide but expires at the close of the next regular court business day, so the victim has to go to the nearest circuit court before then to file a standard petition.5New Hampshire General Court. New Hampshire Code 173-B:4 – Temporary Relief
The final hearing is held within 30 days of filing or within 10 days of the defendant being served, whichever comes later. Either party can ask for a 10-day extension for good cause. The temporary order stays in effect until the hearing. At the hearing both sides can present evidence, and the petitioner has to prove abuse by a preponderance of the evidence, meaning it is more likely than not that abuse occurred and a credible threat remains.6New Hampshire General Court. New Hampshire Code 173-B:3 – Commencement of Proceedings; Hearing
What a Protective Order Can Do
If the judge grants a final order, the terms can go well beyond a simple stay-away command. Under RSA 173-B:5, the court can order the defendant to have no contact with the victim and to stay away from their home, workplace, and school. The victim can be given exclusive use of a shared residence, even if the defendant co-owns or co-leases it, as long as the defendant has a legal duty to support the victim or minor children living there.7New Hampshire General Court. New Hampshire Code 173-B:5 – Relief
The order can set temporary custody and visitation, including supervised visitation or none at all if the children’s safety requires it. It can require the defendant to pay the mortgage or rent, utilities, insurance, health care, and vehicle expenses. It can give the victim exclusive use of household furnishings and a specific car, and it can grant exclusive custody of pets while barring the defendant from harming or taking them.7New Hampshire General Court. New Hampshire Code 173-B:5 – Relief
The court also orders the defendant to surrender all firearms and ammunition to a peace officer for the duration of the order, and can order surrender of other deadly weapons.7New Hampshire General Court. New Hampshire Code 173-B:5 – Relief
How Long the Order Lasts
A final protective order lasts one year from the date it is granted.8New Hampshire Law Library. Domestic Violence Protective Orders (RSA 173-B) Before it expires, the victim can file a written motion to extend it. No new incident of abuse is required. The victim only needs to show good cause, such as continuing fear for their safety.
The first extension can run up to one year. Any extension after that can run up to five years. The defendant gets notice and has 10 days to object; if they do, the court schedules a hearing within 30 days. If the original order has already expired, the victim has to file a new petition, but can reference the original order and its facts rather than starting over.9New Hampshire Judicial Branch. Modification and Extension of Domestic Violence Protective Orders
Criminal Charges and Penalties
Under RSA 631:2-b, most domestic violence offenses are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $2,000.1New Hampshire General Court. New Hampshire Code 631:2-b – Domestic Violence10New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations When the offense involves using or threatening to use a deadly weapon, the charge is a Class B felony, which carries up to seven years in prison.11New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes
Every conviction carries a mandatory $50 fine on top of any other penalty, and the court cannot reduce or suspend the sentence or waive the fine.1New Hampshire General Court. New Hampshire Code 631:2-b – Domestic Violence That no-suspension rule is unusual in New Hampshire criminal law. A judge who might otherwise show leniency on sentencing is legally prohibited from doing so for a domestic violence conviction. The conviction also produces a permanent criminal record specifically designated as domestic violence.
Violating a Protective Order
Breaking any term of a temporary or final protective order is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,000. New Hampshire pairs that penalty with a mandatory arrest requirement: when an officer has reason to believe the defendant violated the order, the officer must arrest them and hold them until arraignment.12New Hampshire General Court. New Hampshire Code 173-B:9 – Violation of Protective Order; Penalty
The arrest can happen without a warrant as long as it takes place within 12 hours of the violation and probable cause exists. The officer does not need to have seen the violation happen. A narrow exception lets a judge order an alternative to detention if being held would jeopardize the defendant’s health, but it is rarely used.12New Hampshire General Court. New Hampshire Code 173-B:9 – Violation of Protective Order; Penalty
Firearms and Immigration Consequences
Federal law bars anyone convicted of a misdemeanor crime of domestic violence from possessing any firearm or ammunition.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban applies to New Hampshire convictions under RSA 631:2-b whether the offense was charged as a misdemeanor or a felony. For most convictions the ban is permanent. One limited exception: if the conviction involved a dating relationship rather than a family or household relationship, and the person has only that single conviction, the prohibition lifts five years after the date of conviction or completion of the sentence, whichever is later. For spouses, cohabitants, and co-parents, no such restoration exists.14Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
Non-citizens face deportation. Any conviction for a crime of domestic violence, stalking, or child abuse is an independent ground for removal under federal immigration law, regardless of status, including lawful permanent residents. A misdemeanor is enough to trigger removal proceedings. Violating a protective order can also independently trigger deportation.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A non-citizen facing charges or an order in New Hampshire should talk to an immigration lawyer before entering any plea or speaking with the court.
Other Protections for Victims
New Hampshire law lets domestic violence victims break a residential lease early. Under RSA 540:11-b, a tenant, or a household member of the tenant, who has been a victim of domestic violence within the previous 150 days can end the lease by giving the landlord written notice and documentation. Acceptable documentation includes a valid protective order, proof of initiating legal action for one, a police report, a written statement from a law enforcement official or victim’s advocate, or a signed self-certification form available from the circuit court. The tenant must vacate within 30 days of giving notice and only owes rent through the date of termination or the date they leave, whichever is later. Landlords cannot retaliate.16New Hampshire General Court. New Hampshire Code 540:11-b – Termination of Lease by Tenant Due to Domestic Violence
Victims who have relocated or plan to relocate can enroll in the Address Confidentiality Program, run by the Attorney General’s office. The program gives participants a substitute address for driver’s licenses, car registrations, benefits applications, and other state and local records, and forwards first-class mail to the real address, which stays confidential. Enrollment does not require a protective order, criminal charges, or a police report. The victim must live in New Hampshire, must have moved or be planning to move to an address unknown to the abuser, and must not have already created government records at the new address. Applicants first consult with one of the state’s 14 crisis centers for safety planning before applying. Participants can also register as absentee voters with their names and addresses kept off public voter lists.17New Hampshire Department of Justice. Address Confidentiality Program
Free legal help is available for victims who cannot afford a lawyer. New Hampshire Legal Assistance and 603 Legal Aid both offer free civil legal services to eligible low-income residents, and New Hampshire Free Legal Answers lets people submit civil legal questions online for a response from a volunteer attorney.18New Hampshire Judicial Branch. Legal Assistance The New Hampshire Coalition Against Domestic and Sexual Violence coordinates the state’s crisis centers and can connect victims with local advocacy. Anyone in immediate danger should call 911. The National Domestic Violence Hotline is available around the clock at 1-800-799-7233.