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Restraining Order vs. Domestic Violence Protective Order in New Hampshire: What's the Difference?

Restraining Order vs. Domestic Violence Protective Order in New Hampshire: What's the Difference?
 
Learn the key differences between a New Hampshire restraining order (stalking protective order under RSA 633:3-a) and a Domestic Violence Protective Order (DVP under RSA 173-B), including proof requirements, who can file, and what to do if served. Published Date: May 2, 2026
Author: Joseph Kelly Levasseur, Esq. | Levasseur Law NH
 
What Is a “Restraining Order” in New Hampshire?
 
In everyday language, people often use the term “restraining order” to describe any court order that requires someone to stay away from another person. In New Hampshire, however, there are two distinct types of protective orders that serve this purpose:
  1. Stalking / Restraining Order NH RSA 633:3-a
  2. Domestic Violence Protective Order (DVP under NH RSA 173-B)
Understanding which one applies to your situation is critical — the rules, proof requirements, and consequences differ significantly.
 
Stalking Protective Order (Often Called a “Restraining Order”) – RSA 633:3-aWho can file?

Anyone — there is no required relationship between the plaintiff (the person seeking protection) and the defendant. It can be filed against a coworker, former supervisor, acquaintance, stranger, or anyone else.
 
 
What the plaintiff must prove at the final hearing (by a preponderance of the evidence):
 
The plaintiff must show all three of the following:
  1. The defendant engaged in a “course of conduct” — defined as two or more acts over a period of time (however short) that show a continuity of purpose.
  2. The conduct would cause a reasonable person to fear for their personal safety or the safety of an immediate family member (objective test).
  3. The plaintiff was actually placed in such fear (subjective test).
A temporary (ex parte) order can be issued quickly if the court finds a “credible allegation” of stalking. A final order, which can last up to one year (and is renewable), is only issued after a full hearing where both sides can present evidence.
 
 
Domestic Violence Protective Order (DVP) – RSA 173-B
 
Who can file?
 
Only against someone with a specific qualifying relationship: 
  • Current or former spouse
  • Current or former intimate partner / dating relationship
  • Family or household member (as defined in the statute)
Official Statute: Full text of RSA 173-B (Protection of Persons from Domestic Violence)
 
What the plaintiff must prove:
  • That the defendant committed an act of abuse (physical harm, sexual assault, criminal threatening, etc., as listed in RSA 173-B:1), and
  • There is a credible threat to the plaintiff's safety.
Because of the required relationship, many stalking cases between family members or intimate partners are filed under RSA 173-B instead of (or in addition to) the stalking statute.Side-by-Side Comparison
Feature
Stalking / Restraining Order (RSA 633:3-a)
Domestic Violence Protective Order (RSA 173-B)
Required Relationship
None — anyone can file
Must be family, household member, or intimate partner
Type of Conduct Required
Course of conduct (2+ acts) causing fear for safety
Specific act(s) of “abuse” + credible threat
Burden of Proof
Preponderance of the evidence
Preponderance of the evidence
Temporary Order Possible?
Yes — on credible allegation
Yes — ex parte if immediate danger
Firearm Restrictions
Yes (defendant must surrender firearms)
Yes (defendant must surrender firearms)
Duration of Final Order
Up to 1 year (renewable)
Up to 1 year (renewable)
Common Use Case
Coworker, ex-colleague, acquaintance, stranger
Current or former spouse/partner, family member
 
What Should You Do If You Are Served with Either Order?
  1. Comply immediately — violations can lead to arrest and criminal charges.
  2. Do not contact the plaintiff (even if they contact you first). Do not contact them by a Third party-friend, sister, relative - ANYONE!
  3. Request a hearing in writing if you want to contest the temporary order (you have a right to one within a short timeframe).
  4. Gather evidence — phone records, emails, witnesses, timestamps showing legitimate purpose or lack of fear.
  5. Contact an experienced New Hampshire attorney right away. The hearing is your best chance to present your side before a final order is issued.
Contact our office immediately for a confidential consultation.
 
Levasseur Law NH
Joseph Kelly Levasseur, Esq.
Manchester, New Hampshire
 603-622-7575
 

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