The Petitioner's Journey -Seeking Protection For individuals experiencing domestic violence:

Filing a petition under RSA 173-B is often a critical step toward safety and recovery. The process is designed to be accessible, filing fees and service fees are not required.  Courts provide standardized forms to assist petitioners, who may proceed without an attorney. A temporary protective order may be issued ex parte (by yourself, without the defendant/respondent present) if the petitioner shows immediate danger.  After the court grants the Protective Order a Respondent (accused) can ask for a hearing where both the Petitioner and Respondent come before the judge. At that hearing the petitioner must prove their claims.

Building a Case Evidence and Burden of Proof:

In order to be successful and receive a Protective Order Petitioner must present clear evidence of a qualifying act of abuse and a credible threat to their own safety. In L.C. v. W.C. (174 N.H. 355, 2021), the plaintiff secured a protective order by providing evidence of multiple incidents: a threatening text message with derogatory language and a threat to “break her jaw,” a physical altercation causing a bruised leg, and an incident where the defendant pointed a loaded gun at the petitioner's aunt, which instilled fear in the petitioner upon learning of it. The New Hampshire Supreme Court upheld the order, finding that these acts collectively met the definition of abuse under RSA 173-B:1 and established a credible threat, even though one incident involved a third party. This case illustrates the importance of specific, documented evidence—such as text messages, photos of injuries, police reports, or witness testimony—to prove a listed act like assault or criminal threatening.

The credible threat element requires showing that the abuse creates a reasonable fear of harm. In Achille v. Achille (167 N.H. 706, 2015), the Supreme Court vacated a protective order because the trial court failed to make specific findings linking the alleged acts to the statutory definition of abuse and a credible threat. This underscores that petitioners must not only prove an act (e.g., harassment or assault) but also demonstrate how it causes ongoing fear, such as through repeated threats or a pattern of behavior. Evidence like medical records, communications, or testimony about the defendant's actions can strengthen this claim.

Personal Injury Connection

For petitioners, a protective order can lay the groundwork for personal injury claims, such as for assault, battery, or intentional infliction of emotional distress. Evidence presented at the hearing—medical records documenting injuries, photos of property damage, or proof of harassment—can support civil lawsuits seeking compensation for physical or emotional harm. However, petitioners must be truthful, as false allegations can lead to criminal penalties under RSA 173-B:3 and undermine related personal injury claims. Calling a personal injury attorney can help petitioners leverage protective order proceedings to build a strong civil case.

The Respondent's (Accused) Perspective - Defending Against Allegations

For an accused respondent a domestic violence petition can feel like a sudden and overwhelming challenge, with potential consequences including loss of contact with family, restrictions on firearm ownership, or impacts on employment and custody disputes. Respondents have the right to present a defense at the hearing, challenging the petitioner's evidence and protecting their legal interests.

Challenging the Petitioner's Case 

Respondents can argue that the petitioner failed to prove a qualifying act of abuse or a credible threat to safety.  In a New Hampshire Supreme Court case called L.C. v. W.C. (2021), the defendant contended that pointing a gun at a third party (the petitioner's aunt) did not directly threaten the petitioner. The court rejected this, finding that the incident contributed to a pattern causing reasonable fear. Respondents in similar cases can succeed by showing that the petitioner's evidence lacks specificity or corroboration. For example, if the petitioner alleges harassment but provides no text messages, emails, or witnesses, respondents can argue, citing Achille v. Achille, that the evidence fails to meet the statutory definition of abuse under RSA 173-B:1.

The credible threat element is another key defense point. In Achille v. Achille, the Supreme Court emphasized that courts must explicitly find that the alleged acts create a credible present threat. If the petitioner's evidence involves only a past incident without recent conduct or an ongoing pattern—such as a single argument years ago—respondents can argue that no current threat exists, as required by RSA 173-B:1, I. Highlighting gaps in evidence, such as the absence of recent threats or documentation, can weaken the petitioner's case.

Due Process and Personal Injury Risks

Respondents face significant due process concerns, as protective orders can be issued based on a relatively low evidentiary standard (preponderance of the evidence) compared to criminal cases. A protective order can also trigger personal injury lawsuits, as petitioners may use the same allegations to seek damages for injuries like emotional distress or physical harm. Respondents should work with an attorney to challenge the petition and mitigate these risks, ensuring that any related civil claims are addressed strategically. 

Case Law Insights: Lessons from New Hampshire Courts, New Hampshire case law provides critical guidance for both petitioners and respondents. In Michelle Hemenway v. Edmund J. Hemenway, Jr. (159 N.H. 680, 2010), the plaintiff obtained a protective order against an out-of-state defendant by presenting evidence of threatening communications that met the statutory definition of abuse and demonstrated a credible threat. This case highlights the need for petitioners to provide specific, documented evidence, while respondents can use it to argue that vague or uncorroborated allegations fall short of the standard. Similarly, in T.P. v. B.P. (2018), the Supreme Court addressed the denial of a protective order extension due to procedural issues but noted the petitioner's burden to show “good cause,” tied to evidence of abuse and ongoing threat. Respondents can cite this case to emphasize that petitioners must meet a clear evidentiary threshold, and failure to do so justifies denial of the order.

Strategic Considerations for Both Parties

For petitioners, preparation is key. Gather evidence like police reports, medical records, or communications, and clearly articulate how the defendant's actions meet the statutory criteria. Working with a personal injury attorney can help align the protective order process with potential civil claims, maximizing recovery for injuries sustained. For respondents, a proactive defense is critical. Challenge the specificity and credibility of the petitioner's evidence, and consider cross-examining witnesses or presenting counter-evidence, such as alibis or communications showing a lack of threat. An attorney can help navigate the hearing and address any related personal injury claims. Conclusion RSA 173-B serves as a vital tool for addressing domestic violence in New Hampshire, balancing protection for victims with due process for the accused. For petitioners, it offers a path to safety and support for personal injury claims; for respondents, it demands a careful defense to avoid unjust restrictions. Cases like L.C. v. W.C., Achille v. Achille, and Hemenway v. Hemenway illustrate the importance of specific evidence and clear findings to meet the statute's requirements. Whether you're seeking protection or defending against allegations, consulting a knowledgeable personal injury or family law attorney can make a significant difference. For more information or to discuss your case, contact our firm to navigate this challenging process with confidence.