A restraining order—also known as a protective order, a stay away order of protection, or an order of protection—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In New Hampshire (NH), a restraining order, also known as a protective order, is a legal directive issued by a court to protect individuals from abuse or harassment during the divorce process or within other intimate relationships. NH law allows for the issuance of temporary protective orders on an ex parte basis, which means the order can be granted without the presence of the other party if there is an immediate threat of harm. These temporary orders are effective for a specific number of days and provide immediate protection until a full hearing can be held. At the hearing, both parties have the opportunity to present their case, and the court may then decide to issue a more permanent order of protection. Protective orders in NH can include provisions that prohibit contact, harassment, and may also restrict the abuser from possessing firearms, even if they are otherwise licensed to carry them. The laws governing protective orders in NH can be found in the state's statutes, which address issues of domestic violence, stalking, harassment, sexual abuse, and assault. It is important for individuals seeking or subject to a protective order to consult with an attorney to understand their rights and obligations under NH law.