Step-by-Step: How to Get a Restraining Order in Portsmouth, New Hampshire
If you are experiencing domestic violence or harassment in Portsmouth, New Hampshire, obtaining a restraining order can provide you with essential legal protection. This guide outlines the general steps to take when seeking a restraining order, including what to expect during the process.
What this order generally does
A restraining order is a legal order issued by a court to protect an individual from harassment or harm. It can prohibit the abuser from contacting or approaching you, and may grant you temporary custody of children or possession of shared property.
Who may qualify
Common steps in the filing process in New Hampshire
Gather evidence of abuse or harassment, such as text messages, photographs, or witness statements.
Visit your local courthouse to obtain the necessary forms for filing a restraining order. Staff may assist you with the process.
Complete the forms, providing as much detail as possible about the incidents that led to your request.
Submit your completed forms to the court clerk, who will provide information on the next steps.
Attend any scheduled court hearings to present your case before a judge.
What to bring
- Identification (e.g., driver's license, state ID)
- Any evidence of harassment or abuse
- Completed court forms
- List of witnesses, if applicable
What happens after filing
After filing your restraining order request, the court will review your application. You may be granted a temporary order, which typically lasts until a full court hearing can be held. During this hearing, both you and the individual you seek protection from will have the opportunity to present evidence. The judge will then make a decision about whether to extend the restraining order.
What if the order is violated
If the restraining order is violated, it is critical to take action. Contact law enforcement immediately to report the violation. You may also want to inform the court that issued the order. Violating a restraining order can lead to legal consequences for the abuser.
FAQ
How long does it take to get a restraining order?
The time frame can vary, but a temporary restraining order may be issued quickly, sometimes the same day you file.
Is there a cost to file a restraining order?
There may be no cost to file a restraining order in New Hampshire, but it’s advisable to check with the local court for any potential fees.
Can I get a restraining order without an attorney?
You can file for a restraining order without legal representation, but having an attorney can help you navigate the process more effectively.
What happens if the abuser violates the order?
If the order is violated, you should report the violation to law enforcement, as this can lead to legal repercussions for the abuser.
Can I modify or extend my restraining order?
Yes, you can request modifications or extensions to your restraining order by filing a motion with the court.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.