According to the New Hampshire Coalition Against Domestic and Sexual Violence, about one-third of all women in the State have experienced intimate partner violence (IPV). The Coalition also notes that 25% of all American men have also been physically assaulted by an intimate partner. Domestic abuse and violence have the power to destroy marriages, imprison people, and cause lasting psychological trauma. However, survivors have access to legal resources as they face these challenges. An experienced family law attorney in New Hampshire may be able to help families discuss their options – including restraining orders and divorce. To continue this discussion, contact Friedman & Bresaw, PLLC at (603) 707-4800.
Domestic Abuse and Violence Laws in New Hampshire
New Hampshire has strict laws against domestic abuse and violence, and these acts may be both civil and criminal offenses. In New Hampshire, domestic violence is a class A misdemeanor – and a class B felony charge may apply if the defendant uses or threatens deadly force. The difference between normal assault and domestic violence in New Hampshire is relatively simple: Domestic violence can only occur between household members or intimate partners. In New Hampshire, domestic violence may involve threats, coercion, physical violence, sexual violence, restriction of movement, or preventing access to cell phones.
A helpful page published by the Town of Pembroke explains that civil domestic violence cases often involve protective orders. While a criminal domestic violence offense is technically a crime against the State of New Hampshire, a civil domestic violence offense is committed against an individual. Prosecutors attempt to convict people of domestic violence, but survivors of domestic violence must personally navigate civil court actions against their abusers. The main goal of these civil actions is to gain court-ordered protection against abusers.
What if I Am Accused of Domestic Violence in New Hampshire?
Unfortunately, some people make false allegations of domestic abuse and violence in New Hampshire. Not only does this diminish the concerns of legitimate abuse survivors, but it also threatens innocent people with serious criminal consequences. Those falsely accused of domestic violence should remember that they cannot be convicted unless prosecutors prove their guilt beyond a reasonable doubt. Criminal courts are associated with higher burdens of proof compared to civil courts, and defendants should walk free if prosecutors fail to present compelling evidence against them. Friedman & Bresaw, PLLC has experience with both family law and criminal defense in New Hampshire – and those facing domestic violence allegations may wish to discuss potential defense strategies with this law firm.
How Does Domestic Violence Affect Divorce in New Hampshire?
Domestic abuse and violence may affect divorce in many ways. Perhaps most obviously, these acts of violence may cause spouses to file for divorce. There is no reason to remain in a dangerous, abusive marriage – and spouses can work with both law enforcement and family law attorneys to pursue a safer future. Divorce also has the potential to move children into a more secure environment, especially if these children are facing direct violence from abusive parents.
New Hampshire divorce courts are well aware of how damaging domestic violence can be, and these acts can affect their decisions on various matters. Child custody is a clear example, and spouses who commit domestic violence may struggle to spend time with their children after divorce. This also applies to non-married couples who separate with children. Note that a parent does not necessarily need to be convicted of domestic violence in a criminal court to face consequences during divorce. The burden of proof is lower in civil courts, and a family law judge may grant a protective order with a “preponderance of evidence” – even if prosecutors previously failed to secure a criminal conviction.
Should I Get a Restraining Order in New Hampshire?
A restraining order may be a positive choice for families in New Hampshire. With this type of civil action, people who experienced domestic violence receive additional layers of protection from further criminal acts. Once a civil court grants a restraining order, the “restrained person” faces high criminal consequences for violations. These violations might include coming within a certain distance of the “protected person,” contacting them digitally or by telephone, and stalking them. The conditions of the protective order may vary depending on the unique needs and circumstances of each family.
The first step is to obtain a temporary order of protection (TPO). The burden of proof for a TPO is quite low, as judges understand the urgency of these situations. However, these protective orders are only temporary, and a Final Order of Protection could be necessary for longer-term security. The process of obtaining a Final Order of Protection is more complex, and both parties have a chance to tell their side of the story during a final hearing. A family law attorney in New Hampshire can represent survivors of domestic violence during these hearings. Note that if a spouse successfully obtains a Final Order of Protection, family courts may consider this during divorce – even if the restrained person was never convicted of a crime due to lack of evidence. This is something spouses should keep in mind when approaching divorce – whether they faced allegations of domestic violence or experienced abuse firsthand.
Always Call 911 if You Feel Threatened
While a family law attorney can certainly help those facing domestic violence and abuse, they cannot replace law enforcement officers. Those who feel threatened should always call 911 as their first step. Once law enforcement officers create a safe environment and take suspects into custody, families can start to consider their legal options alongside family law attorneys.
Contact the Experienced Attorneys at Friedman & Bresaw, PLLC
Domestic abuse and violence is a complex subject that encompasses many areas of law, including criminal defense, divorce, child custody, and restraining orders. Families can assess these potential consequences alongside experienced family law attorneys in New Hampshire. A consultation with a family law attorney is confidential, and lawyers will never repeat these sensitive discussions in public. Although the road ahead might seem uncertain after incidents of abuse and violence, there are legal strategies that could pave the way for a safer future. To discuss these options in more detail, consider calling (603) 707-4800 to schedule a consultation with Friedman & Bresaw, PLLC.
