Domestic Violence Protocols

Introduction and Acknowledgements

This is the fourth iteration of the Domestic Violence Protocols. In 1994, the District Court first issued a comprehensive and far reaching protocol for handling domestic violence cases throughout New Hampshire. Spawned by the growing caseload and need for consistency in handling these cases, the protocol became the first comprehensive, multidisciplinary set of guidelines for addressing domestic violence in New Hampshire. The protocols were revised again in 2002 and have been reprinted and distributed to hundreds upon hundreds of professionals throughout the State.

In the fourteen years that have transpired, RSA 173-B (our Protection of Persons from Domestic Violence statute) has changed significantly, as have federal laws regarding such issues as the interstate enforcement of protection orders. The New Hampshire Supreme Court has also begun to develop a body of case law on domestic violence and stalking. Annually, the District Courts and Family Division are now hearing approximately 8,000 requests for domestic violence protective orders and stalking cases.

Producing a manual such as this cannot happen without administrative assistance. We greatly appreciate the assistance of Judge Kelly’s Office in Concord, and Marge Therrien of that office in particular.

Throughout this process we have sought to maintain the delicate balance of constitutional safeguards so fundamental to our system of justice, for in the end, it is this proper balance which is the hallmark of our system of government. These protocols, we hope, will be viewed and used by judicial officers and court personnel as a "best practices" manual. Any time the word judge is used, it may refer to a judge or marital master; we have used the term judge to refer to any judicial officer. We recognize that not every scenario could be contemplated, and that the facts of each individual case must guide the court through the decision making process. We hope the protocols will be helpful in understanding and applying the law. As always, the reader’s comments and suggestions are most welcome.

Honorable Edwin W. Kelly
Honorable Susan B. Carbon
Attorney Elizabeth Paine

Introduction and Acknowledgments & Contributor List

CHAPTER 1 – GENERAL PROVISIONS

A. Statement of Purpose
B. Impartiality
C. Notice of Allegations
D. Defendant’s Opportunity to Be Heard
E. Final Hearing
F. Distinctions Between Orders Issued Under RSA 173-B and Other Orders of Protection or Restraining Orders

CHAPTER 2 – DEFINITIONS OF DOMESTIC VIOLENCE AND PROTECTED PERSONS

Introduction
A. Definitions of Domestic Violence
B. Who May File a Petition
- Protocol 2-1
C. Additional Protected Persons
- Protocol 2-2

CHAPTER 3 – EMERGENCY TELEPHONIC ORDERS

Introduction
- Protocols 3-1

CHAPTER 4 – WHERE TO FILE

Introduction
A. Which County or District?
- Protocols 4-1 through 4-4
B. Transfer to Another Court
- Protocols 4-5 through 4-8

CHAPTER 5 – COMMENCEMENT OF PROCEEDINGS AND TEMPORARY RELIEF AVAILABLE

Introduction
A. General Staff Responsibilities
- Protocols 5-1 through 5-12
B. Ex Parte Temporary Orders
- Protocols 5-13 through 5-17
C. Proof Required
- Protocols 5-18 through 5-19
D. Temporary Relief Available
- Protocol 5-20
E. Permissible Contact
- Introduction
- Protocols 5-21 through 5-22
F. Instructions to Plaintiff for Final Hearing
- Protocol 5-23
G. Scheduling a Final Hearing
- Introduction
- Protocols 5-24 through 5-28

CHAPTER 6 – SERVICE OF PROCESS AND THE DEFENDANT’S ANSWER

Introduction
A. Service of Process upon the Defendant
- Protocols 6-1 through 6-8
B. Defendant's Answer
- Protocols 6-9 through 6-10
C. Amendments to the Plaintiff’s Petition
- Protocol 6-11

CHAPTER 7 – FINAL HEARING

Introduction
A. Courtroom Security
- Protocols 7-1 through 7-3
B. Conduct of Hearing
- Protocols 7-4 through 7-9
C. Evidence
- Protocols 7-10 and 7-11
D. Duration
- Protocol 7-12
E. Firearms
- Protocol 7-13
F. Relief Available
G. Protective Orders
- Protocols 7-14 through 7-15
H. Other Relief
I. Division of Property
- Protocols 7-16 through 7-19
J. Custody and Visitation
- Protocols 7-20 through 7-23
K. Child Support
- Protocols 7-24 through 7-26
L. Counseling
- Protocols 7-27 and 7-28
M. Compensatory Damages
- Protocol 7-29
N. Addendum to Final Orders
- Protocol 7-30
O. Precedence of Final Court Orders
- Protocol 7-31
P. Judicial Instructions to the Parties
- Protocol 7-32
Q. Notification to the Defendant
- Protocol 7-33
R. Mutual Restraining Orders and Cross-Orders for Relief
- Protocols 7-34 and 7-35
S. Issuance of Final Orders
- Protocols 7-36 and 7-37
T. Appeals
- Protocols 7-38 and 7-39

CHAPTER 8 – FAILURE TO PROSECUTE, DISMISSALS AND WITHDRAWALS

A. Failure to Prosecute and Dismissal by the Court
- Protocols 8-1 through 8-3
B. Withdrawals of Protective Orders
- Protocols 8-4 through 8-8

CHAPTER 9 – MODIFICATION AND EXTENSION OF DOMESTIC VIOLENCE PROTECTIVE ORDERS

A. Modifications
Introduction
- Protocols 9-1 through 9-6
B. Extension of Orders
- Protocols 9-7 through 9-13

CHAPTER 10 – VIOLATIONS OF PROTECTIVE ORDERS AND CONTEMPT

Introduction
A. Jurisdiction of the Family Division
B. Types of Contempt
- 1. Civil Contempt
- 2. Criminal Contempt
C. Criminal Contempt
- Protocols 10-1 through 10-2
D. Civil Contempt
- Protocols 10-3 through 10-9

CHAPTER 11 – GUARDIAN AD LITEM

Introduction
- Protocols 11-1 through 11-4

CHAPTER 12 – BAIL CRIMINAL ORDERS OF PROTECTION

A. Bail Forms
- Protocol 12-1
B. Guidelines for Issuing Bail and Criminal Protective Orders Pending arraignment
- 1. Introduction
  - Protocols 12-2 through 12-6
C. Entry of Orders by Bail Commissioners
- Protocol 12-7
D. Bail Considerations at Arraignment
- Protocols 12-8 through 12-15
E. Bail Pending Appeal
- Protocol 12-16
F. Victim Notification of Bail Orders
- Protocol 12-17
G. Use of the Domestic Violence Registry
- Protocols 12-18 through 12-20

CHAPTER 13 – OTHER CRIMINAL ISSUES

A. Charging
- Protocols 13-1 and 13-2
B. Sentencing
- Protocols 13-3 through 13-6
C. Scheduling
- Protocol 13-7
D. Acknowledgment of Rights/Recording
- Protocol 13-8

CHAPTER 14 – FIREARMS AND OTHER DEADLY WEAPONS IN CIVIL PROTECTIVE ORDER CASES

Introduction
General Definitions
A. Relinquishment Overview
B. Reconciling New Hampshire State Law and Federal Law
- 1. Emergency Telephonic Orders
  - Protocol 14-1
- 2. Notice to Victims
  - Protocol 14-2
- 3. Temporary Orders
  - Protocols 14-3 through 14-8
- 4. Final Orders
  - Protocols 14-9 through 14-12
- 5. Violations
  - Protocol 14-13
C. Storage
- Protocols 14-14 through 14-17
D. Return of Firearms, Ammunition and Other Deadly Weapons
- 1. Defendant’s Request
  - Protocols 14-18 through 14-23
- 2. Scope of Hearing
  - Protocol 14-24
- 3. Grounds for Denial of Return of Firearms and Ammunition
  - Protocol 14-25
  - a. Federal Prohibitions
  - Protocols 14-26 and 14-28
  - b. State Prohibitions
  - Protocol 14-29
- 4. Grounds for Denial of Deadly Weapons
  - Protocol 14-30
- 5. Conduct of Hearing
  - Protocols 14-31 through 14-38
- 6. Requests of Third parties
  - Protocol 14-39

CHAPTER 15 – FULL FAITH AND CREDIT FOR DOMESTIC VIOLENCE PROTECTION ORDERS

Introduction
A. Protocol for Enforcement of Foreign Protective Orders
- Protocols 15-1 through 15-2
B. Protocol for Registration of Foreign Protective Orders
- Protocols 15-3 through 15-6
C. Protocols for the Issuance of New Hampshire Protective Orders
- Protocol 15-7

CHAPTER 16 – SUPERVISED VISITATION AND ACCESS SERVICES

Introduction
A. Goal of Services
B. Types of Visitation
- 1. Monitored Exchanges
  - Protocols 16-1 and 2
- 2. Semi-Supervised Visits On-Site
  - Protocol 16-3
- 3. Fully Supervised On-Site Visits
  - Protocol 16-4
C. Court Orders
- Protocols 16-5 through 16-9
D. Setting and Collecting Fees
- Protocol 16-10
E. Resources

CHAPTER 17 – DOMESTIC VIOLENCE REGISTRY

Introduction
A. Transmittal of The Protective Order to the Registry
- Protocols 17-1 through 17-3
B. Types of Orders
- 1. Civil Protective Orders
- 2. Criminal Protective Orders
C. Civil Orders
- Protocols 17-4 through 17-8
D. Criminal Orders
- Protocols 17-9 through 17-12
E. Foreign Protective Orders
- Protocols 17-13
F. Assigning a Protective Order Number
- 1. Civil Protective Orders
  - Protocols 17-14 through 17-15
- 2. Criminal Protective Orders
  - Protocols 17-16 through 17-17
G. Proper Completion of the First Page of the Order and Defendant Information Sheet
- Protocol 17-18
H.FAXBACK System
- Protocols 17-19 through 17-20

CHAPTER 18 – STALKING

Introduction
A. Eligibility to Apply for a Stalking Protective Order
- Protocol 18-1
B. Commencement of Proceedings
- Protocols 18-2 through 18-11
C. Issuing the Stalking Protective Order
- Protocols 18-12 through 18-14
D. Notification and Service
- Protocols 18-15 and 18-17
E. Enforcement of Stalking Orders
- Protocol 18-18
F. Bail Issues
- Protocol 18-19

CHAPTER 19 – BATTERER INTERVENTION PROGRAMS

A. General
- Protocols 19-1 through 19-4
B. Definition of Services
C. Referral Process
- Protocols 19-5 through 19-6

APPENDICES

A. Administrative Order No. 2023-05
B. Support Advocates in the Courtroom
C. New Hampshire Coalition Against Domestic and Sexual Violence Information
D. State of New Hampshire Domestic and Sexual Violence Crisis Center Catchment Map
E. Criteria for Visitation Recommendations
Prepared by the Governor’s Commission on Domestic and Sexual Violence
Sub-Committee on Supervised Visitation

This project was supported by Grant #2006-WF-AX-0074 by the Violence Against Women Grants, Office of Justice Programs, U. S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U. S. Department of Justice.