Wondering If a Judge Will Believe You?
Deciding to ask a New Hampshire court for protection can feel like handing a stranger your most painful memories and hoping they take you seriously. You don't need a flawless record to be heard — you need clear, dated details a judge can follow. Writing things down as they happen, even briefly, makes your account easier to trust, not because it's dramatic, but because it's consistent from one telling to the next.
Types of Protective Orders in New Hampshire
New Hampshire has two main civil pathways for protection, and which one applies depends on your relationship with the other person:
- Domestic Violence Protective Order (RSA 173-B) — for people who are or were family or household members, or in an intimate partner relationship, including dating relationships.
- Stalking Protective Order (RSA 633:3-a) — available regardless of relationship, for repeated unwanted contact or surveillance that would cause a reasonable person fear.
Both are civil orders — separate from any criminal case that might also arise from the same conduct — and are handled by the Circuit Court, specifically its Family Division or District Division depending on your county, not by the criminal court.
Emergency / Ex Parte Orders
Under RSA 173-B, a court can issue a temporary order the same day you file, without the other party present — known as an "ex parte" order — if the judge finds you're in immediate danger. That temporary order stays in effect until the full hearing on your petition.
If the temporary order was granted ex parte, the other party has the right to ask the court for their own hearing to contest it; state law requires that hearing be held no less than 3 and no more than 5 business days after the request is received by the clerk. Separately, the full final hearing on your petition — where both sides present their case — is typically scheduled within about 30 days of the temporary order being issued.
How to File in New Hampshire
There is no filing fee for a domestic violence or stalking petition in New Hampshire. The general process looks like this:
- File your petition at the Circuit Court (Family or District Division) in the county where you live, or where you fled to if you left home to escape the situation.
- Court staff can give you the petition forms and explain the general process, though they cannot give legal advice.
- A judge reviews your petition, often the same day you file, and decides whether to issue a temporary order.
- If a temporary order is granted, it is served on the other party, and a full hearing date is set.
- At the full hearing, both you and the other party can present evidence and testimony before the judge decides whether to issue a longer-term order.
What Evidence Helps
New Hampshire courts weigh whatever credible evidence you bring, and you are not required to have police involvement to file. Documentation that tends to help includes:
- A written, dated timeline of incidents, kept as close to the events as possible.
- Screenshots of threatening or harassing texts, calls, or messages, with visible dates.
- Photos of injuries or damaged property, dated if possible.
- Contact information for anyone who witnessed an incident or its aftermath.
- Any existing police reports or medical records — though their absence doesn't prevent you from filing.
Judges in these hearings are used to evaluating credibility without corroborating witnesses. A calm, specific, chronological account tends to carry more weight than a vague but emotional one, simply because it's easier to follow and to test against the other side's version of events.
Frequently asked questions
- Is there a filing fee for a protective order in New Hampshire?
- No. Petitions for domestic violence and stalking protective orders can be filed at no cost at your local Circuit Court.
- What's the difference between the domestic violence and stalking orders?
- The domestic violence order under RSA 173-B requires a family, household, or intimate partner relationship. The stalking order under RSA 633:3-a does not — it covers repeated unwanted contact from anyone, including an acquaintance or a stranger.
- Can the other party contest a temporary order before the final hearing?
- Yes. If a temporary order was issued without them present, they can request their own hearing, which state law requires to be held within 3 to 5 business days of that request.
- Do I need a lawyer to petition for a protective order?
- No. The process is designed for self-represented petitioners, and Circuit Court staff can provide the forms. You can also seek help from a local domestic violence advocacy organization if you'd like additional support.