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How to Get a Domestic Violence Protective Order in New Hampshire

Plain-language guidance on New Hampshire’s domestic violence protective order process.

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Understanding Protective Orders in New Hampshire

Who May Qualify for a Protective Order in New Hampshire

In New Hampshire, a person can usually ask the court for a protective order if the person causing harm is a current or former intimate partner, a household member, or a family member. Some protections may also be available when the person causing harm is not a family member but is stalking, sexually assaulting, or threatening.

Courts look at the relationship between the parties and the type of behaviour reported, such as physical harm, threats, stalking, or forced sexual activity. Laws and definitions can change, and how they are applied can depend on the details of each situation.

If you are unsure whether you qualify, a local victim service worker, legal clinic, or community organization may be able to explain current New Hampshire eligibility rules in more detail.

Basic Filing Steps

1. Preparing and Filing the Petition

A person seeking protection usually starts by completing a petition form at a court that handles protective orders. The form asks for identifying information and a description, in general terms, of the harm, threats, or stalking. It is usually possible to ask the court to keep some contact details confidential for safety reasons.

After the paperwork is filled out, it is filed with the court clerk. There is often no filing fee for protective order cases, but this can depend on local rules.

2. Requesting a Temporary (Ex Parte) Order

When the petition is filed, the person can ask for a temporary order, sometimes called an “ex parte” order. This is a short-term order that a judge may grant the same day, based only on the information provided by the person asking for protection, without the other person present.

The judge reviews the petition and may ask limited questions. If the judge believes there is an immediate safety concern, a temporary order may be issued that lasts until the final hearing date.

If a temporary order is not granted, the court may still schedule a hearing so both sides can appear and speak before a judge.

3. Serving the Other Party

Once the court issues the paperwork (with or without a temporary order), the respondent (the person the order is against) must be “served” with the documents. This usually means a law enforcement officer or another authorized server personally delivers the court forms.

The documents typically include the petition, any temporary order, and notice of the date, time, and place of the final hearing. The person seeking protection is usually not responsible for physically handing these papers to the respondent.

4. Final Hearing

The court schedules a final hearing, generally within a short period of time after the temporary order is issued or the petition is filed. At this hearing, both the person asking for protection and the respondent can speak, present documents, or ask witnesses to testify.

After hearing from both sides, the judge decides whether to grant a final protective order and what specific terms it should contain. If the respondent does not appear but has been properly served, the hearing may go ahead without them.

For safety planning around attending court, local support workers and hotlines can often help think through options such as accompaniment or separate waiting areas.

Types of Relief a New Hampshire Protective Order May Include

The specific protections a judge may order can vary, but they often include one or more of the following:

No-contact provisions, which can prohibit phone calls, texts, emails, messages through others, or in-person contact.
Stay-away conditions requiring the respondent to stay a certain distance from the person protected, their home, workplace, or school.
Exclusive use of a shared home for the person protected, which can require the respondent to move out for the length of the order.
Limits on firearms or weapons, such as temporary surrender of firearms, depending on the situation and current law.
Temporary arrangements for children, such as custody or visitation conditions focused on safety.
Orders to stop certain behaviours, such as stalking, harassment, or following the person protected.
Other conditions the court finds necessary for safety, which may be tailored to the specific situation.

Some protective orders may also include provisions about financial support or possession of specific property, but availability of these options can be limited and may depend on other court processes.

General Timeframe

Timelines can differ by court location, how busy the court is, and the facts of the situation. As a general pattern:

Same-day or next-day review: A temporary (ex parte) order, if requested, is often considered the same day or very soon after filing.
Service period: Law enforcement or another authorized server then has to deliver the papers to the respondent. The time needed can vary, especially if the respondent is hard to locate.
Final hearing date: Courts usually schedule the final hearing within weeks of filing, sometimes within about 10–30 days, but exact timing depends on New Hampshire rules and the court’s schedule.
Length of the final order: If a final order is granted, it may last for a set period (often up to one year or more, depending on the law and the judge’s decision) and can sometimes be extended by returning to court before it expires.

Court processes and timelines can change. Checking with a local court clerk, legal help centre, or advocacy organization in New Hampshire can provide the most current information.

For people exploring options outside their immediate area or looking for additional support, information about services across regions can be found through resources listed at DV.Support.