Orders of Protection and Restraining Orders

What to Expect When Filing or Responding to a Petition for an Order of Protection from Domestic Violence or Stalking

Transcript of video:

[00:00:00.790] - Hon. Susan Carbon
Hello, my name is Susan Carbon and I'm a judge in the Circuit Court. I usually sit in Manchester, but you may see me in other court locations as well. The purpose of this video is to provide you with information about the court process for filing and responding to a petition for domestic violence or a stalking order of protection. Before I explain the court process, I first want to say a few words about why we have domestic violence and stalking orders and what they're for. A domestic violence order of protection, which is sometimes called a protection order, is meant to give legal protection from physical violence, sexual violence, threats of bodily harm, threats of false imprisonment or kidnapping, threats against a pet, and destruction of property by a certain group of people.

[00:00:47.930] - Hon. Susan Carbon
The person who files the petition requesting a domestic violence or stalking protection order is called the plaintiff. The person against whom the protection order is requested is called the defendant. This video is designed to give information to both the plaintiff and the defendant. There must be a particular relationship between a plaintiff and a defendant in a domestic violence case. Let me take a moment to explain what those relationships are.

[00:01:15.230] - Hon. Susan Carbon
For a plaintiff to qualify for a domestic violence order, he or she must be in one of these relationships with the defendant. A current or former spouse, a person the plaintiff lives with or has lived with, but in some form of family or romantic relationship. Not like a college roommate where two people just share an apartment together, a current or former sexual or intimate partner, someone the plaintiff is currently dating or has formally dated, or someone with whom the plaintiff shares a child in common. This includes minors or parents or other family members who are related by blood or marriage. For example, a teenager can get an order of protection against someone he or she has been dating in high school.

[00:01:58.190] - Hon. Susan Carbon
You may have also heard about stalking orders. A stalking order of protection is different from a domestic violence order of protection. A stalking order is meant to stop further acts targeted at a specific person, and those acts must cause the targeted person to fear for his or her own personal safety or the safety of a member of that person's immediate family. The acts must involve a course of conduct. A course of conduct is two or more acts.

[00:02:25.580] - Hon. Susan Carbon
Examples of qualifying acts are following or confronting a person or a person's immediate family member, causing damage to the person's property or the property of that person's immediate family, and multiple acts of communication. If none of the relationships that are necessary for a domestic violence order exist, but the plaintiff is still afraid, a stalking order of protection may be an option depending upon what has happened. If you do not qualify for either domestic violence or a stalking order, you may also be able to get a civil restraining order from the superior court. A video on how to apply for this type of order may be found on the court's website in the same area where you found this particular video. When a plaintiff files for domestic violence or stalking order of protection, he or she will usually file in the family or the district division of the circuit court where either the plaintiff or the defendant lives.

[00:03:21.350] - Hon. Susan Carbon
Any circuit court may accept a petition and will transfer it to the correct court location if necessary. When you go into any courthouse in New Hampshire, just like in an airport, you should expect to go through a security screen. You'll have to empty your pockets into a container to be examined along with anything else you brought. Therefore, we strongly encourage you to bring only what you need for your court visit. Of course, under no circumstances should you bring weapons or sharp objects, and please do not bring any food or beverages into the courthouse.

[00:03:54.170] - Hon. Susan Carbon
You are, however, allowed to bring your cell phone or your laptop. We have limited wireless connections available, but please put all sounds on silent before you enter the courthouse. For the next few minutes, I'll be providing information for the plaintiff. Later in the video, I will provide information for the defendant on how to respond to a petition. Before I start talking about the court process, though, I want you to know this.

[00:04:19.910] - Hon. Susan Carbon
If you, as the plaintiff are in fear for your safety or you would like help in applying for an order of protection, there are local crisis centers that may be able to provide support and assistance, either before you come to court on the day you come to court to fill out the paperwork or both. The crisis centers can also provide information about how to find an attorney. Call 1-866-644-3574 to speak with an advocate from a crisis center. The crisis centers do not charge any fee for their services, nor is there any fee from the court. When you file a petition.

[00:04:58.410] - Hon. Susan Carbon
When you come to court to request an order of protection, please allow enough time because the process from start to finish can take more than an hour. There's a lot of paperwork to fill out, and then the staff must have the judge review the petition before an order can be issued. So please plan to be at the courthouse as early as possible. What I'm showing you now is the actual domestic violence petition. As you can see, it has several important sections which must be completed.

[00:05:26.530] - Hon. Susan Carbon
It is very important to fill out the forms as thoroughly as possible so that the judge can understand what has happened and be able to issue an order that will meet your needs and keep you safe. First, you will need to check the box that describes the relationship between you and the defendant. Remember, for domestic violence order, only, certain relationships will qualify. Next, in the section that starts with to the judge of the court, you must provide a clear and detailed description of why you are in immediate danger of abuse by the defendant. In other words, it's helpful to begin with telling the court while you're filing the request on that particular day.

[00:06:07.060] - Hon. Susan Carbon
You must include facts and dates that relate to the fear and the abuse that has occurred. Write down what the defendant has done to you and when and why you are in immediate fear for your safety. The information needs to be thorough, accurate, and honest. It may be difficult for you to write down what has happened, but if the information is not complete, the judge may not be able to issue an order. Please keep in mind that the defendant will receive a copy of everything you write down in the petition.

[00:06:37.890] - Hon. Susan Carbon
When you're done with that section, complete the rest of the form carefully, including which orders you're asking the judge to consider. A form called the Domestic Violence Confidential Information Sheet will be included in the packet for you to complete. This sheet remains private and cannot be given to anyone without court approval. It is not shared with the defendant. It includes the plaintiff's name, address, mailing address.

[00:07:04.600] - Hon. Susan Carbon
If it's different from the physical address, telephone numbers and place of employment. This must be filled out thoroughly and accurately so that the court staff can get in touch with you easily in case the hearing date needs to be changed. A sheet called the Defendant Information Sheet for Law Enforcement is also included in the packet. It asks for information about the defendant's appearance, history, where he or she can be found, and about any weapons he or she may have. If an order is issued, this form will be given to law enforcement to help them serve a copy to the defendant so that it is important that this form also be completed as thoroughly as possible.

[00:07:47.190] - Hon. Susan Carbon
Serving means that a police officer gives the defendant a copy of the petition and the order in person, along with notice of the date and the time of the final hearing on the petition. After all of these forms are completed, the court staff will take your oath and ask that you attest to the truth and the accuracy of the petition, so please make sure you bring identification with you. A judge will then review the petition and decide if a temporary order of protection should be issued. The judge may have questions for you and, if so, may speak with you in person, in the courtroom or by telephone if the judge is at a different court location. If the judge decides that you qualify for a temporary order, the defendant will be ordered to keep away from you and to have no contact with you, either directly or through third persons.

[00:08:38.160] - Hon. Susan Carbon
The judge may also order that the defendant's firearms and ammunition be relinquished. If the plaintiff and defendant have children together, the judge will typically give the plaintiff sole custody of the children until a hearing is scheduled. The judge may allow visitation either supervised, supervised with security or unsupervised. Or the judge may prohibit contact until the judge can talk with the defendant in person. If there's a parenting plan in connection with a divorce or legal separation that is already in place, the judge can order that the parenting plan be overridden temporarily by the order of protection. This means that the order of protection will determine visitation, not the parenting plan.

[00:09:24.030] - Hon. Susan Carbon
If the petition is granted on a temporary basis, the order will be enforceable throughout New Hampshire as well as throughout the entire United States. All law enforcement agencies will have access to the order in the national database. Last a final hearing will be scheduled within 30 days. Before leaving the court, you will be given a copy of your petition and a certified copy of the order. It's a good idea to keep the order with you at all times, even though law enforcement can get a copy of it.

[00:09:55.230] - Hon. Susan Carbon
Remember to bring the petition to the final hearing so that you can more easily remember what you wrote about why you need the order. When the final hearing occurs, you can only discuss the matters that were written down in the petition. If there's additional information that you think the judge should know about at the hearing, then you must come to the court and write it down so that it may be added to the petition. This is called Amending the Petition. A copy of any additional information that you write down will be given to the defendant.

[00:10:26.010] - Hon. Susan Carbon
The court will immediately send the local police Department a copy of the temporary order if it is granted so that it can be served on the defendant. The court will also give a copy of the petition, the notice of the hearing, and the defendant information sheet to the police. It is possible that the court may not grant a temporary order and let me explain what else could happen. As we've talked about, the court must believe that you are in immediate danger to issue a temporary order. It's possible that the court may believe that there has been abuse and that there is a possibility of abuse in the future that may not believe that you're in immediate risk of danger.

[00:11:06.640] - Hon. Susan Carbon
If this is the case, the court might schedule a final hearing but not issue a temporary order. If temporary orders are not issued but a final hearing is scheduled, the plaintiff can request to withdraw the petition. If the plaintiff does not withdraw the petition, then the petition will be given to the defendant by law enforcement. This may create a dangerous situation for the plaintiff because from that time until the date of the final hearing, no orders of protection for the plaintiff are in place. Now it's also possible that the petition will be denied.

[00:11:41.810] - Hon. Susan Carbon
In that case, the defendant does not get a copy of the petition or the order denying it unless they come to the court to request a copy. If the petition is denied, the plaintiff can file another petition at any time and include additional facts. Now, for the next few minutes, I will be talking to the defendant about how to respond to receiving a domestic violence or stalking order or a petition. With a hearing notice where no temporary order was issued, law enforcement will hand deliver a packet to you. You will have to sign for the packet.

[00:12:15.700] - Hon. Susan Carbon
This is called being served. At that time, you may also have to show your identification so that the officer can make sure that he or she is serving the right person with the court order. In that packet, there will also be a copy of the petition, a copy of the domestic violence or stalking order if one was issued, and the hearing notice with the date, time, and location of the final hearing. In some instances, the judge will order that you cannot possess firearms or ammunition. If that's the case, you will have to turn over any firearms, ammunition and deadly weapons to the police officer.

[00:12:53.130] - Hon. Susan Carbon
Later in the process, you may be able to ask the court for them to be returned. There's information on motions for return of firearms in the video entitled what to Expect at a Final Domestic Violence or Stalking Order of Protection Hearing.

[00:13:10.170] - Hon. Susan Carbon
Please read the order carefully. It prohibits you from contacting the plaintiff and has other orders you must follow. If you violate the order, you may be arrested and held in jail until your arraignment. This will start a criminal case. If you're then convicted, you could be sentenced to up to one year in jail and fined up to $2,000.

[00:13:32.250] - Hon. Susan Carbon
As noted earlier, the final hearing is normally scheduled within 30 days. This allows you time to prepare for the hearing and perhaps find a lawyer to assist you if you wish. Since this is a civil case and not a criminal case, the court cannot appoint an attorney to represent you. If you object to the order, you must attend the final hearing. You also have the right to request that hearing be held within three to five business days of the petition being filed.

[00:14:00.970] - Hon. Susan Carbon
If you want an earlier hearing date, you should go to the court to file a written request that would be scheduled more quickly. After you complete the form the court will notify the plaintiff of the earlier date. Please note, if a protective order has been issued, you must fully comply with the order at all times, even if you have requested a sooner hearing on the petition. Now, finally, this information is for both the plaintiff and the defendant. The petition may be withdrawn by the plaintiff at any time.

[00:14:32.460] - Hon. Susan Carbon
To withdraw the petition, the plaintiff must come to the court and complete a request for withdrawal form. Most likely, the judge will want to speak with the plaintiff about this request to ensure that the plaintiff is not being coerced or forced into withdrawing the petition. If the petition is not withdrawn by the plaintiff, the next court event will be the final hearing. To learn more about that hearing, please watch the video on this website entitled what to Expect at a Final Domestic Violence or stalking Order of Protection hearing. You may also call the circuit court information center at 1-855-212-1234 with any additional questions you may have about the court process.

[00:15:17.670] - Hon. Susan Carbon
Thank you.