Challenging a Domestic Violence Protective Order in New Hampshire: Options for Both Parties  
By Attorney Joseph Kelly Levasseur | Manchester, NH

A Domestic Violence Protective Order (DVPO) issued under RSA 173-B can immediately change lives: no-contact restrictions, firearm surrender requirements, eviction from a shared home, and serious collateral consequences for custody, employment, and reputation.

Whether you are the plaintiff (the person who requested the order) or the defendant (the person restrained), New Hampshire law provides multiple ways to challenge, modify, extend, or terminate a DVPO. This article explains the main legal options available to either party.

1. Motion for Reconsideration (Short Window – Fastest Relief)

Who can file: Usually the defendant, but a plaintiff can also seek reconsideration if new facts arise.  
Deadline: Within 10 days of the final order (NH Superior Court Rule 12(e) applies by analogy in the Circuit Court – Family Division).  
Grounds: The court overlooked material evidence, misapplied the law, or made a clear factual error. Common arguments include:
- Insufficient specific findings on both “abuse” and “credible present threat” (RSA 173-B:1 & :5)
- Credibility issues not properly weighed
- Exculpatory evidence (texts, videos, records) that contradicts the petitioner's claims

This is the quickest path to relief, though success depends on clear errors in the original ruling.

2. Motion to Modify or Vacate the Protective Order (RSA 173-B:5, VIII)

Who can file: Either party.  
Deadline: No strict deadline—can be filed anytime while the order is in effect (usually 1 year initially).  

Grounds (most common):
- Changed circumstances (no further contact, reconciliation, completion of counseling, no violations)
- The order is no longer necessary for safety
- Specific provisions (firearm restriction, no-contact, residence exclusion) are no longer justified

Procedure: File a “Motion to Modify” in the issuing court (typically Circuit Court – Family Division). The other party gets notice and 10 days to object. If contested, a hearing is usually held. (See NH Domestic Violence Protocols, Chapter 9)

Courts have broad discretion to narrow, expand, or terminate provisions.

3. Appeal to the New Hampshire Supreme Court

Who can file: Most often the defendant (plaintiffs rarely appeal denials of protection).  
Deadline: Notice of appeal must be filed within **30 days** of the final order (NH Supreme Court Rule 7).  
Standard of review: Abuse of discretion on facts; de novo on legal questions. The Supreme Court will reverse if:
- The trial court failed to make specific findings on both abuse **and** credible present threat
- The evidence was legally insufficient
- Due process was violated

Notable reversal example: In Tosta v. Bullis, 156 N.H. 763 (2008) https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2008-0070tosta.pdf) the New Hampshire Supreme Court vacated a final protective order and remanded because the trial court did not make explicit findings that the defendant's conduct constituted both an act of abuse and a credible present threat to the plaintiff's safety. This case remains a cornerstone for DVPO appeals in New Hampshire.

Other decisions, such as Achille v. Achille, 167 N.H. 706 (2015), have also vacated orders for similar lack of specific findings.

4. Motion to Reopen / New Evidence (Rare)

Who can file:  Either party.  
Grounds: Newly discovered evidence that could not have been presented earlier and would likely change the result (similar to NH Superior Court Rule 13).  
This is uncommon but can be powerful (e.g., recantation, new forensic evidence, or proof of fabrication).

5. Parallel Criminal Case Strategy (Defendant Only)

When criminal charges are pending from the same incident:- Move to stay DVPO provisions that interfere with trial preparation (e.g., evidence preservation)
- Use the DVPO transcript to impeach the complainant at trial
- Seek admission of exculpatory evidence under RSA 632-A:6 (rape shield) via a *Richards* hearing

A favorable criminal outcome can strongly support a later motion to vacate the DVPO.

Key Takeaways

- Plaintiffs usually file to extend or strengthen an order.
- Defendant most often seek modification, vacation, or reconsideration based on changed circumstances, lack of evidence, or insufficient findings.
- The short deadlines for reconsideration (10 days) and appeal (30 days) make timing critical.
- Every case turns on the facts and the quality of the legal argument.

If you are dealing with a New Hampshire domestic violence protective order—whether as plaintiff or defendant—contact an experienced attorney as soon as possible. The correct motion filed at the right time can dramatically change the outcome.

Contact Attorney Joseph Kelly Levasseur today for a confidential consultation.  

Manchester, NH | (603) 622-7575 | [josephkellylevasseur.com/ https://josephkellylevasseur.com/contact

*This article is for general informational purposes only and does not create an attorney-client relationship. Results depend on specific facts and circumstances.