By Damian Turco | Updated October 2026
A New Hampshire restraining order can provide immediate legal protection from abuse, threats, stalking, or other conduct that meets the requirements of state law.
New Hampshire commonly uses the term protective order for these cases. The two types most often involved in family law matters are domestic violence protective orders under RSA 173-B and stalking protective orders under RSA 633:3-a. Each has different eligibility requirements, legal standards, and available remedies.
Protective-order cases often move quickly. A court may issue temporary relief before the other party has an opportunity to appear, followed by a hearing where both sides can present evidence. Depending on the type of order and the circumstances, the court may restrict contact, require a party to stay away from certain locations, address temporary parenting arrangements, order the surrender of firearms when authorized by law, or grant other protective relief.
A New Hampshire restraining order lawyer can help determine which type of protective order applies, prepare or respond to a petition, organize evidence, and represent you at the final hearing. Legal guidance can be especially important when the case also involves divorce, parental rights and responsibilities, or related criminal allegations.
Types of Restraining Orders in New Hampshire
New Hampshire law provides different forms of protective relief depending on the relationship between the parties and the conduct involved.
For most family-law situations, the two principal types are domestic violence protective orders under RSA 173-B and stalking protective orders under RSA 633:3-a. The legal requirements are different, so the appropriate filing depends on both who the parties are and what allegedly occurred.
RSA 173-B Domestic Violence Protection Orders
RSA 173-B applies when alleged abuse occurs between qualifying family or household members or current or former intimate partners.
Qualifying relationships include spouses and former spouses, people who live or previously lived together, certain relatives, and current or former romantic partners. To obtain a final order, the petitioner must prove conduct that meets the statute’s definition of abuse and constitutes a credible present threat to the petitioner’s safety. Qualifying conduct can include assault, criminal threatening, sexual assault, interference with freedom, property destruction, unauthorized entry, harassment, cruelty to animals, nonconsensual dissemination of private sexual images, and certain other acts identified by statute. In its analysis of abuse, the court may also consider the presence of coercive control as defined by New Hampshire law. Depending on the circumstances, a domestic violence protective order can prohibit contact or abuse, require a party to stay away from the petitioner’s home or workplace, address temporary arrangements involving children, restrict access to certain property, require the relinquishment of firearms and ammunition, and provide other relief authorized by law.
RSA 633:3-a Stalking Protective Orders
A stalking protective order may be available even when the parties do not have the type of family, household, or intimate relationship required under RSA 173-B.
Under RSA 633:3-a, stalking generally involves a course of conduct directed at a specific person that causes, or is known to cause, fear for that person’s safety or the safety of an immediate family member. A course of conduct ordinarily requires two or more acts showing continuity of purpose and can include following, approaching, threatening, appearing near a home or workplace, damaging property, or repeated communications.
A person who proves stalking by a preponderance of the evidence may obtain civil protective relief. These cases can arise between neighbors, coworkers, acquaintances, former friends, or others who do not qualify for a domestic violence order.
How the New Hampshire Restraining Order Process Works
New Hampshire protective-order cases move quickly because the court may need to address immediate safety concerns before a full hearing can be held.
The process is similar for domestic violence and stalking protective orders. A petitioner files a sworn petition describing the conduct at issue and the protection requested. The court may first consider temporary relief, followed by a hearing at which both parties have an opportunity to present their positions.
Ex Parte and Temporary Orders
In a domestic violence case, a New Hampshire court may issue a temporary protective order without first notifying the other party upon a showing of an immediate and present danger of abuse. Stalking protective-order proceedings generally follow the same protective-order procedures under RSA 633:3-a.
This is known as an ex parte order because the respondent is not present when the court initially considers the request. Depending on the circumstances, temporary relief can prohibit contact, require the respondent to stay away from certain locations, address temporary parenting arrangements, and impose other protections authorized by law.
A temporary order generally remains in effect while the case proceeds toward a final hearing, unless the court modifies or terminates it. In a domestic violence case, the final hearing is scheduled within 30 days after the petition is filed or within 10 days after the respondent is served, whichever occurs later. A respondent subject to a non-telephonic ex parte order may also request an earlier hearing, which generally must be held within three to five business days after the request is received.
When the courts are unavailable, New Hampshire law also allows certain emergency protective orders to be issued through law enforcement. These emergency orders remain effective only until the close of the next regular court business day, when the matter can be presented to the court.
The Final Hearing
The final hearing gives both parties an opportunity to present testimony, evidence, and arguments before the court decides whether a longer-term protective order should issue.
The petitioner bears the burden of proving the legal requirements for the requested order by a preponderance of the evidence. The respondent may challenge the allegations, present evidence, call witnesses, and respond to the relief being requested.
After considering the evidence, the court may dismiss the petition or enter a final protective order containing appropriate restrictions and other relief permitted by law. A final protective order may remain in effect for up to one year initially and may later be extended when the statutory requirements are met.
Because the final hearing can determine significant issues involving contact, housing, children, firearms, and other rights, both petitioners and respondents may benefit from legal representation when preparing and presenting their case.
How to File for a New Hampshire Restraining Order
A person seeking a domestic violence or stalking protective order in New Hampshire can begin the process through the Circuit Court, and there is no filing fee for either type of petition.
The process generally includes the following steps:
- Choose the appropriate petition: A domestic violence petition is used when the parties have a qualifying relationship and the allegations meet RSA 173-B. A stalking petition is used when the conduct meets the requirements of RSA 633:3-a, regardless of whether the parties have a family or intimate relationship.
- File with the Circuit Court: Protective-order petitions may be submitted at a New Hampshire Circuit Court during court business hours. Domestic violence cases may be heard in the Family or District Division, while stalking cases are heard in the District Division. Court staff can route a petition to the appropriate court when necessary.
- Complete the petition carefully: The petition should describe the events supporting the request for protection, including relevant dates, conduct, threats, communications, injuries, or other circumstances. The petitioner can also identify the specific protections being requested.
- Request temporary protection when appropriate: A judge may review the petition promptly and issue a temporary ex parte order if the legal requirements for immediate protection are met.
- Serve the respondent: Law enforcement generally serves the petition, temporary order, and notice of hearing on the respondent at no cost to the petitioner.
- Attend the final hearing: Both parties then have an opportunity to appear, present evidence and testimony, call witnesses, and address whether a final protective order should be entered.
When the courts are closed, a person seeking immediate protection may contact law enforcement about requesting an emergency protective order. That order generally lasts only until the close of the next regular court business day, so the petitioner must then go to court if continued protection is needed.
Because the information included in the initial petition can become important at the final hearing, petitioners should be as specific and accurate as possible when describing what occurred and why protection is being requested.
What to Do if You Have Been Served With a Restraining Order
If you are served with a New Hampshire protective order, comply with every term immediately and prepare for the upcoming court hearing.
A temporary order can impose significant restrictions before the court has heard from both sides. Even if you believe the allegations are false or the order was entered unfairly, the order remains enforceable unless and until the court changes or terminates it.
- Follow the order exactly: Review all restrictions involving contact, locations, children, the home, firearms, and other property. Do not rely on the petitioner’s permission to disregard a court-ordered restriction.
- Avoid prohibited contact: Do not call, text, email, use social media, communicate through another person, or otherwise contact the petitioner if the order prohibits it.
- Preserve relevant evidence: Save text messages, emails, photographs, videos, social media records, location information, and other evidence that may help establish what occurred.
- Attend the hearing: The final hearing gives you an opportunity to contest the allegations, present evidence, call witnesses, and address the relief being requested. Failing to appear may allow the court to proceed without you.
- Consider speaking with an attorney: Protective-order hearings move quickly, and the outcome may affect contact with children, possession of the home, firearms, and other important rights.
- Coordinate related cases: If the same allegations have resulted in criminal charges, a divorce, or a parenting dispute, decisions made in the protective-order case may have consequences in those proceedings as well.
Violating a domestic violence or stalking protective order can result in arrest and criminal consequences. A final order may also affect firearm possession and can become significant evidence in a pending or future case involving parental rights and responsibilities.
Because the final hearing may occur soon after service, a respondent who wants legal representation should seek advice as early as possible.
How Restraining Orders Affect New Hampshire Divorce and Custody Cases
A restraining order can significantly affect a New Hampshire divorce or parenting case, particularly when the parties share children. When an existing divorce, support, or parenting order is already in place, a protective order does not simply replace that order, and additional relief may need to be sought in the underlying family case.
A domestic violence protective order may temporarily address issues such as contact between the parties, possession of the home, parenting time, exchanges, and temporary parenting arrangements involving children. These temporary protections do not necessarily determine the final outcome of a divorce or parenting case, but the underlying findings and evidence may become important as the Family Division considers longer-term parental rights and responsibilities.
New Hampshire courts must consider evidence of abuse when determining what parenting arrangement is in a child’s best interests. A finding of domestic violence can affect joint decision-making responsibility, parenting time, communication between the parents, and the conditions imposed to protect a child or an abused parent.
Protective-order proceedings can also overlap with financial issues. A court may grant certain temporary financial relief in an appropriate domestic violence case, while longer-term issues involving child support, alimony, and property division are generally addressed through the underlying family case.
When a protective order and a New Hampshire divorce are pending at the same time, it is important to understand how the orders interact. A party should follow each existing court order unless and until the appropriate court modifies it.
Explore Your Legal Options in a New Hampshire Restraining Order Case
A New Hampshire restraining order lawyer can help you understand the applicable legal standard, prepare for a fast-moving hearing, and protect your rights throughout the process.
For a petitioner, legal representation can help determine which type of protective order applies, present the facts clearly, organize supporting evidence, and request relief that fits the circumstances. For a respondent, an attorney can evaluate the allegations, identify relevant evidence and witnesses, and prepare a response to both the factual claims and the specific restrictions being requested.
These cases can become more complicated when they overlap with criminal charges, parenting disputes, or a pending divorce. In those situations, decisions made in one proceeding can affect strategy in another, making coordinated legal advice especially important.
Turco Legal represents clients on both sides of New Hampshire protective-order matters and can also address related family-law issues. If your case is connected to a divorce, you can learn more from our New Hampshire divorce lawyers.
To discuss your circumstances and legal options, call our New Hampshire office at (603) 932-5032 or use the Schedule a Consultation link on this page.
Frequently Asked Questions
How Do I Get a Protective Order in New Hampshire?
You can seek a protective order by filing the appropriate petition with the New Hampshire Circuit Court and explaining the conduct that you believe satisfies the legal requirements for protection. If the court finds that immediate protection is warranted, it may issue a temporary order before holding a final hearing where both parties can present evidence.
How Long Does a Restraining Order Last in New Hampshire?
A temporary protective order generally remains in effect until the court holds the final hearing or otherwise modifies or terminates the order. A final domestic violence or stalking protective order may remain in effect for up to one year initially and may be extended when the statutory requirements for an extension are met.
How Can a Lawyer Help With a New Hampshire Restraining Order?
A lawyer can help determine which protective-order statute applies, prepare evidence and witnesses, and present your position at the final hearing. Legal representation can also be important when the allegations overlap with a divorce, parenting dispute, criminal case, firearms restrictions, or other related legal issues.
Can a Restraining Order Affect Custody or Parenting Time in New Hampshire?
Yes. A domestic violence protective order can temporarily affect parenting time, exchanges, communication, and decision-making involving children, and findings of abuse may also be relevant in a related parenting case. The Family Division must consider evidence of abuse when determining parental rights and responsibilities.
What Happens if Someone Violates a Restraining Order in New Hampshire?
Violating a protective order can result in arrest, criminal charges, and additional court consequences. A person subject to an order should follow its terms exactly unless and until the court modifies or terminates it.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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This page is for informational purposes only and should not be interpreted as legal advice. The law can change over time, and the information presented reflects the law as of the date this page was last reviewed. If you would like to understand how the law applies to your circumstances, schedule a consultation with a Turco Legal attorney by calling one of our offices or using the Schedule a Consultation link on this page.