Yes, You Can Seek a Stalking Protective Order in New Hampshire That Protects Your Children, Relatives, and Household Members
If you or a loved one is facing repeated online harassment—especially when it spills over to your children or grandchildren—you may feel powerless. Many clients initially believe a “no stalking” order can only protect the person who files. That's not true in New Hampshire.
Under RSA 633:3-a (full text: https://www.gencourt.state.nh.us/rsa/html/LXII/633/633-3-a.htm), any person who has been stalked may petition the Circuit Court (District Division) for a Stalking Protective Order. The statute is clear: the “course of conduct” that qualifies as stalking can include acts directed at you or a member of your immediate family. Immediate family is defined broadly to cover your children (no age limit), grandchildren, parents, siblings, and anyone living in your household. The resulting fear can be for your safety or the safety of those family members.
What the Law Requires You to Prove
To obtain the order, you must show by a preponderance of the evidence that the defendant purposely, knowingly, or recklessly engaged in a “course of conduct” (two or more acts showing continuity of purpose) that:
- Was targeted at you (or your family),
- Would cause a reasonable person to fear for their safety or a family member's safety, and
- Actually placed you in that fear.
What Relief the Court Can Grant If the judge finds stalking, the order can require the defendant to:
- Stop stalking or abusing you or your relatives or household members,
- Have no contact (direct or indirect, including through third parties or online),
- Stay away from your home, workplace, or other locations, and
- Surrender firearms if appropriate.
Practical Steps and Where to Get the Petition Online
- File at any NH Circuit Court (District Division) in the county where you or the defendant lives. There is no filing fee.
- Use the official Stalking Petition packet (downloadable forms available here: https://www.courts.nh.gov/our-courts/circuit-court/district-division/forms/stalking). The packet includes the Stalking Petition, Defendant Information Sheet, Confidential Information Sheet, and UCCJEA if children are involved.
- Bring screenshots, timestamps, police reports, and a detailed affidavit explaining the fear for yourself and your family.
- Full text of RSA 633:3-a: https://www.gencourt.state.nh.us/rsa/html/LXII/633/633-3-a.htm
- NH Judicial Branch – Orders of Protection & Restraining Orders: https://www.courts.nh.gov/self-help/restraining-orders
- Stalking Petition Forms (download packet): https://www.courts.nh.gov/our-courts/circuit-court/district-division/forms/stalking
- 603 Legal Aid plain-language guide: https://www.603legalaid.org/stalking
At my office we regularly handle these online-to-real-life escalation cases. If you or a client needs straightforward guidance on whether a Stalking Protective Order makes sense, contact us today. 603-622-7575
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