The Monadnock Center for Violence Prevention states that about one in every three New Hampshire women has experienced physical assault committed by an intimate partner. Known as “intimate partner violence” (IPV), this represents one form of domestic violence in New Hampshire. However, the definition of this offense is actually much broader, encompassing not only physical assaults but also threats, coercion, psychological abuse, and more. In addition, domestic violence does not always occur between intimate partners. Victims or defendants who wish to learn more about domestic violence laws in New Hampshire may want to speak with legal professionals. Friedman & Bresaw, PLLC may be able to help families with legal issues related to domestic violence. Consider dialing (603) 707-4800 for more information.
What Is the Definition of Domestic Violence in New Hampshire?
Domestic violence is both a criminal offense and a civil offense in New Hampshire. As a crime, domestic violence is defined as a class A misdemeanor that involves harm, threats, coercion, and other violent acts against family members. Aside from blood relatives, these domestic violence laws also apply to household members and intimate partners. As a class A misdemeanor, domestic violence can lead to a jail sentence of up to one year. However, defendants may also face class B felony charges if they used or threatened to use a deadly weapon. The penalty for a class B felony is up to seven years in prison.
What Are Some Examples of Domestic Violence?
Domestic violence laws are quite open-ended. Many behaviors and acts could qualify, and defendants might be surprised to learn just how easy it is to commit this crime. Perhaps the most obvious example of domestic violence is assault. Even if no injuries occurred, an assault could still qualify as domestic violence if there was an “intent” to cause injuries. Another common example of domestic violence is false imprisonment, which involves the abuser confining the movement of the victim. This could be as simple as blocking a doorway. Threats also fall under domestic violence laws in New Hampshire. These threats might make the victim fear imminent bodily injury. Alternatively, the abuser could terrorize the victim in a more general sense. For example, the abuser might clean their firearm while staring at the victim in a menacing manner.
If the abuser coerces the victim into submitting to sexual contact, this also constitutes domestic violence. This is one of the most complex forms of domestic violence in New Hampshire, and victims may wish to discuss the relevant laws with family law attorneys. Remember, consultations with lawyers are confidential due to attorney-client privilege. Although it may be challenging for victims to describe their experiences, many lawyers are professional, supportive, and understanding. Victims who are unsure of whether they have experienced domestic violence can discuss their situations with Friedman & Bresaw, PLLC.
The Consequences of Civil Domestic Violence
As a civil offense, domestic violence can have various consequences in New Hampshire. Victims can take civil action against their abusers in many ways, with protective orders being a popular choice. A domestic violence order of protection in New Hampshire can prevent the abuser from coming into contact with the victim. This includes physical contact, phone calls, digital communications, and coming within a certain distance. According to the New Hampshire Judicial Branch, these protective orders are also available to victims of stalking and sexual violence – even if the abuser is not a household member, intimate partner, or family member. New Hampshire has six types of protective orders, and a family law attorney can help victims choose the most appropriate one.
An emergency domestic violence order of protection is often the first step for victims. As its name implies, this type of protective order is for emergencies. Suppose the court is closed and the victim cannot file the necessary petition for a domestic violence order of protection. In that case, they can obtain an emergency order of protection instead from a local police department. However, this protective order will only last for about 24 hours, and victims must take further action through the courts if they want to gain more long-term protection.
How Does Domestic Violence Affect Divorce?
Domestic violence laws may apply to divorce and separation in New Hampshire. When approaching child custody, New Hampshire family courts consider past instances of domestic violence. This might include violence between spouses/parents, but also violence between parents and children. In some cases, courts have even considered animal abuse against pets as a form of domestic violence. If the court believes that a parent has violent tendencies, they may attempt to protect the children from potential abuse in the future. The nonviolent parent may subsequently receive sole physical custody. If the past acts of violence were particularly dangerous, the accused parent may only have limited, supervised visitation rights.
However, the accuser always shoulders the burden of proof in New Hampshire. A parent who wishes to expose domestic violence must show a “preponderance of evidence,” and their testimony alone is rarely convincing enough. Family law attorneys may be able to assist parents who need to gather evidence of domestic violence during divorce proceedings. Alternatively, these lawyers may assist parents wrongfully accused of domestic violence. These baseless allegations are relatively common during divorce, but they are also extremely risky. If it becomes clear that a parent is trying to prevent their ex from seeing the children through deceitful behavior, the court may enforce various penalties. Perhaps the most obvious penalty is a less favorable child custody outcome for the parent making these false allegations.
Learn More About Domestic Violence Laws With Friedman & Bresaw, PLLC
Domestic violence can occur in many different ways, and it may affect various individuals. Victims who have experienced this firsthand may be considering protective orders, divorce, child custody modifications, and many other legal steps. Experienced family law attorneys in New Hampshire may be able to assist in these areas. On the other hand, family members may also face false accusations of domestic violence. In this situation, an experienced criminal defense lawyer in New Hampshire may be a more appropriate choice. Friedman & Bresaw, PLLC has experience in both criminal defense and family law, allowing this firm to assist people with many different aspects of domestic violence. To continue this conversation, dial (603) 707-4800 today.
