If someone is threatening your safety right now, call 911. If the danger is not immediate but you need legal protection, New Hampshire courts can issue a domestic violence protective order under RSA 173-B, a stalking order, or a civil restraining order, depending on your relationship to the person and what they’ve done. Understanding restraining orders in New Hampshire starts with knowing which one applies to you, because the forms, the proof required, and the protections differ significantly across the three.
A domestic violence protective order covers people in a qualifying relationship, such as spouses, dating partners, or co-parents, who have experienced abuse. A stalking order applies when there’s no such relationship but a pattern of unwanted, threatening conduct exists. Civil restraining orders fill in narrower gaps outside either category.
Two facts matter immediately: there is no filing fee for an RSA 173-B petition, and the final hearing must happen within 30 days of filing or 10 days after service, whichever comes later.
- Call 911 if you’re in immediate danger.
- Go to your circuit court’s family division to request an ex parte temporary order.
- Bring identifying information about the other party and any evidence you already have.
- Download forms in advance from the New Hampshire Judicial Branch self-help pages.
Key Takeaways
Understanding restraining orders in New Hampshire means knowing that RSA 173-B petitions carry no filing fee, must reach a final hearing within 30 days of filing or 10 days after service, and can result in mandatory firearms relinquishment.
| Point | Details |
|---|---|
| Match the order to the relationship | RSA 173-B requires a qualifying relationship; stalking orders and civil restraining orders cover situations outside that category. |
| No fee for domestic violence petitions | RSA 173-B filings carry no filing fee, and fee waivers exist for other order types. |
| Final hearing deadline is fixed | The hearing must happen within 30 days of filing or 10 days after service, whichever is later. |
| Firearms relinquishment is mandatory on final orders | Defendants must surrender firearms, and return requires a separate motion and hearing after expiration. |
| Mutual orders aren’t allowed | Each party needs a separate petition and specific findings for a cross-order to be issued. |
| Legal counsel matters in contested cases | Granite Criminal Defense handles custody-tied, firearms, and evidence-heavy protective order matters across New Hampshire. |
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Table of Contents
- How Do Restraining Orders Work in NH?
- Who Qualifies for an RSA 173-B Order?
- How Do You File a Restraining Order in New Hampshire?
- What Relief Can a Court Order in a Protective Order Case?
- What Is the Restraining Order Timeline in New Hampshire?
- How Should You Prepare for the Final Hearing?
- What Happens If Someone Violates a Restraining Order?
- Can Both Parties Get Restraining Orders Against Each Other?
- When Should You Get a Lawyer for a Restraining Order Case?
- Sources
- FAQ
How Do Restraining Orders Work in NH?
New Hampshire recognizes three distinct protective mechanisms, and picking the right one shapes everything that follows, from what proof you need to how long protection lasts.
RSA 173-B domestic violence protective orders exist for people connected by a qualifying relationship: current or former spouses, people who live together or have lived together, co-parents of a child, or people in a current or former dating relationship. The petitioner must show abuse, which the statute defines broadly to include physical assault, criminal threatening, sexual assault, and repeated harassment.
Stalking orders fit situations where the relationship requirement of RSA 173-B doesn’t apply. A neighbor, an acquaintance, or even a stranger who engages in a “course of conduct” (repeated, unwanted contact or surveillance that would cause a reasonable person fear) can be the subject of a stalking petition. The proof burden centers on pattern, not a single incident.
Civil restraining orders cover situations that fall outside both categories, often involving disputes between people with no domestic or stalking relationship but who still need court-ordered separation. These carry different notice requirements and don’t automatically trigger the same firearms consequences that come with a final RSA 173-B order.
A few examples clarify the split:
- A woman whose ex-boyfriend repeatedly shows up at her workplace after their breakup: RSA 173-B, since dating relationships qualify.
- A homeowner receiving anonymous threatening notes from someone with no personal connection: a stalking order.
- Neighbors in an escalating property dispute with no domestic tie: a civil restraining order, if one is available under a different statute governing their situation.
Getting the category right at filing saves time, since courts screen petitions based on the relationship and conduct alleged.
Who Qualifies for an RSA 173-B Order?
Not everyone who feels threatened can file under RSA 173-B. The statute requires both a qualifying relationship and a specific type of harmful conduct, and the final hearing turns on whether the petitioner proves both by a preponderance of the evidence, the same standard used in most civil cases.
Qualifying relationships include current or former spouses, people who are or were in a dating relationship, current or former household members, co-parents regardless of marital status, and family members by blood or marriage. A coworker with no personal relationship, or a former friend with no romantic or family tie, generally doesn’t qualify under this statute, even if their conduct is frightening. That’s often when a stalking order becomes the right tool instead.
The conduct itself has to meet the statutory definition of abuse. That includes:
- Physical assault or attempted assault
- Criminal threatening (threats of physical harm)
- Sexual assault or sexual coercion
- Stalking or repeated harassment within the qualifying relationship
- Interference with freedom, such as unlawful restraint
A single credible threat can be enough if it’s specific and puts a reasonable person in fear of imminent harm. Judges weigh context heavily here. A vague, angry text sent during a breakup reads differently than a message referencing a weapon or a specific plan.
Time gaps and reconciliation attempts complicate cases. If months pass with no contact and then the parties briefly reconcile before a new incident, the court will look at the most recent conduct and whether the fear it created is genuine and ongoing, not whether the relationship has fully ended on paper. Petitioners sometimes worry that a period of reconciliation undermines their credibility. It doesn’t automatically, but expect the defense to raise it at the final hearing.
How Do You File a Restraining Order in New Hampshire?
Filing a restraining order in New Hampshire follows a defined sequence, and skipping steps or filling out the wrong form is the most common reason petitions get delayed. Here’s the process from start to finish.
- Get the correct form. RSA 173-B petitions, stalking petitions, and civil restraining order forms are all available through the New Hampshire Judicial Branch’s circuit court forms page. Pick the form matching your situation; using the wrong one means refiling.
- Complete the petition under oath. You’ll need to describe the abuse or conduct in detail, including dates, locations, and specific incidents. This portion is signed under oath or affirmed before court staff, so accuracy matters. Vague language weakens your case later.
- Request ex parte temporary relief if you need immediate protection. A judge can grant a temporary order the same day, without notice to the other party, if the petition shows immediate danger. The judge looks at recency of the conduct, specificity of the threat, and whether waiting for a full hearing would leave you unprotected.
- File with the circuit court. For RSA 173-B petitions, there’s no filing fee. Civil restraining orders under other statutes may carry a fee, though fee waivers are available for petitioners who can’t afford the cost. Ask the clerk’s office about a waiver form if money is a barrier.
- Arrange for service. The court typically directs local police or the sheriff’s department to serve the temporary order and petition on the defendant. Service triggers the clock on the final hearing deadline, so delays in locating the defendant can push the case back.
- Wait for the final hearing notice. Once served, the court schedules the final hearing, and both sides receive notice of the date, time, and location.
If you’re a parent dealing with an emergency situation involving your children, our guide to ex parte orders walks through what judges consider when deciding whether to grant same-day emergency relief.
Pro Tip: Bring multiple copies of everything, your petition, any texts or photos, police report numbers, to the courthouse. Clerks can’t make copies for you on the spot, and you’ll need extras for the court file and the other party.
What Relief Can a Court Order in a Protective Order Case?
The relief available under RSA 173-B:5 is broader than most people expect, covering far more than a simple “stay away” instruction.
At both the temporary and final hearing stage, a judge can order:
- No contact by phone, text, email, social media, or through third parties
- Stay-away zones covering the petitioner’s home, workplace, and children’s school
- Exclusion from a shared residence, even if the defendant’s name is on the lease or deed
- Temporary custody of children and supervised or restricted visitation for the defendant
- Financial relief, including support payments and reimbursement for costs tied to the abuse, plus attorney’s fees in some cases
- Relinquishment of firearms and ammunition, along with restrictions on purchasing new weapons
Firearms relinquishment becomes mandatory once a final order is entered, not just discretionary. The defendant must surrender any firearms in their possession, and courts sometimes authorize a search warrant if there’s reason to believe weapons weren’t turned over voluntarily. This is one of the sections of RSA 173-B that surprises people most, especially defendants who own firearms for hunting or work and didn’t anticipate losing access to them.
Judges can also order participation in a batterer intervention program, set conditions for pet custody (New Hampshire law recognizes pets as part of protective order relief in some circumstances), and impose supervised visitation conditions when children are involved. The scope of relief is meant to address the full picture of a petitioner’s safety, not just physical proximity.
What Is the Restraining Order Timeline in New Hampshire?
Timing confuses a lot of first-time petitioners, partly because there are two different clocks running: one for the temporary order and one for the final hearing.
Once a judge grants an ex parte temporary order, that order takes effect immediately upon service on the defendant. The final hearing must then be scheduled within 30 days of the filing date or 10 days after service, whichever is later. That built-in flexibility accounts for cases where a defendant is hard to locate and service takes time.
Defendants have a right to push for a faster resolution. If a defendant requests an earlier hearing, the court must hold it within 3 to 5 business days of that request. Petitioners need to know this because it means you may get far less preparation time than the standard 30-day window suggests, and missing that hearing can result in the temporary order being dissolved.
At the ex parte stage, the judge reviews only the petitioner’s written statement and any attached evidence, no live testimony from the defendant is involved. The final hearing is different: both sides testify, present evidence, and can cross-examine each other or call witnesses. This is where the case actually gets decided.
Once a temporary or final order is issued, it’s entered into New Hampshire’s state law enforcement system and the national NCIC database, which is what allows police anywhere, not just in New Hampshire, to see and enforce the order during a traffic stop or welfare check.
How Should You Prepare for the Final Hearing?
Winning at the final hearing comes down almost entirely to preparation. Courts expect petitioners to present a clear, organized account backed by objective evidence, not just an emotional description of what happened.
- Gather everything documentary first. Police reports, medical records, photographs of injuries or property damage, threatening texts or emails, and voicemail recordings all carry more weight than memory alone.
- Write a timeline before the hearing. List dates, times, and specific incidents in order. Judges respond to specificity, “he threatened me multiple times” is weaker than “on March 3, he sent a text saying X.”
- Identify witnesses who saw or heard something directly, not people who only heard about it secondhand. A neighbor who witnessed an argument matters more than a friend who heard about it later.
- Make copies of every exhibit for the court file and for the opposing party. Courts require this, and showing up without extras can delay your hearing.
- Prepare your testimony around your original petition. Testify to what happened using your petition as the outline, and expect the defendant to cross-examine you. Stick to facts, not interpretations of the other person’s motives.
- Request an interpreter early if you need one. New Hampshire courts provide interpreter services, but you have to ask ahead of the hearing date to avoid a delay.
Pro Tip: Don’t contact the defendant after filing, even to “clear the air” or negotiate. Continued contact, even initiated by you, can undercut your credibility and confuse how police enforce the order.
What Happens If Someone Violates a Restraining Order?
Violating a protective order is a criminal matter in New Hampshire, not just a civil one, and the response needs to be immediate.
- Call the police right away if the defendant contacts you, shows up somewhere they’re barred from, or otherwise breaks the order’s terms. Give the responding officer a copy of the order if you have one accessible.
- Preserve evidence of the violation, screenshots of messages, call logs, witness names, security footage, anything that documents what happened and when.
- File a police report and let the officer determine whether an arrest is warranted. A violation can result in criminal charges, including misdemeanor penalties, and courts treat repeated violations as contempt, which carries its own consequences.
- Firearms violations carry added weight. If a defendant who was ordered to relinquish weapons is found in possession of one, that can trigger both state charges and federal firearms consequences.
- Notify the prosecutor’s office handling the case if charges are filed, and ask about requesting an extension of the protective order if the expiration date is approaching.
Firearms return isn’t automatic once an order expires. A defendant has to file a motion, and the court schedules a hearing to determine whether any state or federal prohibition still bars them from possessing weapons. Law enforcement agencies holding relinquished firearms may also charge a storage fee before releasing them back.
Can Both Parties Get Restraining Orders Against Each Other?
New Hampshire law is explicit here: mutual orders are prohibited under RSA 173-B. A judge cannot issue one order that restrains both the petitioner and the defendant simultaneously, even if both parties allege the other was abusive.
What can happen instead is a cross-order, but only under narrow conditions. Each party has to file their own separate petition, and the court must make individual, specific findings that each person committed abuse against the other. Judges are trained to look for a predominant aggressor in these situations rather than defaulting to cross-orders as an easy compromise, since treating both parties identically can obscure who’s actually at risk.
Out-of-state protective orders generally receive full faith and credit in New Hampshire, meaning they’re enforceable here without a separate filing, though bringing a certified copy of the original order helps local police confirm its validity quickly.
When Should You Get a Lawyer for a Restraining Order Case?
You’re not required to have an attorney for an RSA 173-B petition, and plenty of straightforward cases resolve without one. But certain circumstances change that calculation significantly.
- Contested custody or child support tied to the order. These outcomes can shape a separate family court case for years.
- Firearms disputes, especially when a defendant’s livelihood depends on gun ownership or when relinquishment is contested.
- Concurrent criminal charges stemming from the same incident, where testimony at the protective order hearing could affect a criminal case.
- Complex or disputed evidence, including conflicting witness accounts or questions about text message authenticity.
Granite Criminal Defense brings more than 30 years of New Hampshire courtroom experience to these cases, including independent investigation of the evidence and representation at firearm-return hearings when an order is nearing expiration. If you’re facing related criminal exposure alongside a protective order, our felony defense team can also assess how the two proceedings interact.
Pro Tip: Bring copies of the petition, any prior court orders, police reports, and a written timeline to your first consultation. It shortens the time an attorney needs to assess your case.
A Note From Rich
Courtrooms can feel intimidating even when you know you’re doing the right thing by filing. Most petitioners I’ve seen succeed did three things: they documented everything as it happened, they showed up prepared rather than relying on memory, and they didn’t go it alone when the case got complicated. If your situation involves custody, firearms, or overlapping criminal charges, don’t wait until the hearing date to figure out your options. Use the court’s resources, and reach out to counsel early if your case has layers beyond a straightforward petition.
— Rich
Get Help With Your Protective Order Case
Filing a petition is only the beginning. If the case involves contested custody, disputed evidence, or firearms issues, having someone who knows New Hampshire courtrooms review your file before the final hearing changes what’s possible. Granite Criminal Defense offers representation at both temporary and final hearings, independent investigation of the other party’s claims, and guidance through firearm-relinquishment and return proceedings, work that goes beyond what a self-represented petitioner or defendant can typically manage alone under hearing deadlines as tight as 3 to 5 business days.
A first consultation is the place to bring your petition, any prior orders, and a written timeline of events so the attorney can assess your case quickly. Visit Granite Criminal Defense’s domestic violence practice page to schedule a consultation, or contact the firm directly to discuss your situation before your next court date.
Sources
- Orders of Protection and Restraining Orders | New Hampshire Judicial Branch
- RSA 173-B:5 Relief
- Testifying at the Final Hearing — 603 Legal Aid
FAQ
What Proof Do You Need for a Restraining Order in NH?
You need evidence supporting the abuse alleged, such as police reports, medical records, photographs, threatening messages, and witness statements, evaluated under the preponderance of the evidence standard.
What Happens When You Violate a Restraining Order in NH?
Violating a protective order can lead to arrest, misdemeanor criminal charges, and contempt findings, and violations involving firearms can trigger additional federal consequences.
How Long Does a Restraining Order Last in NH?
Temporary orders last until the final hearing, which must occur within 30 days of filing or 10 days after service, whichever is later; final orders can then be extended through a renewal request before expiration.
What Is the Best Way to Win a Restraining Order Case?
Organize documentary evidence, write a clear timeline of incidents, identify direct witnesses, and testify using your original petition as your outline; petitioners with contested custody or firearms issues often benefit from working with an attorney like Granite Criminal Defense to prepare.
