New Hampshire Restraining Order Laws (2026): How to Get a Domestic Violence Protective Order
New Hampshire Restraining Order Laws (2026): How to Get a Domestic Violence Protective Order
In New Hampshire, a Domestic Violence Protective Order under RSA 173-B can be obtained the same day by any person who has experienced abuse by a family member, household member, or intimate partner. A final order lasts up to one year initially and can be renewed for up to five years at a time.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in New Hampshire
New Hampshire provides two primary civil-court tracks for protection. The first is the Domestic Violence Protective Order under RSA 173-B, which is available to people who have suffered abuse by a family member, household member, or current or former intimate partner. This order can address a wide range of conduct including physical assault, threats, stalking, harassment, and interference with freedom of movement.
The second track is the Stalking Protective Order under RSA 633:3-a, enforced through the Circuit Court. This order does not require any relationship between the petitioner and the respondent. A person who is being stalked by a stranger, a neighbor, or a colleague may petition for a stalking protective order without meeting the relationship threshold required under RSA 173-B.
Courts may also issue criminal bail orders in cases that involve arrest, which can provide immediate no-contact conditions while criminal proceedings are pending. These are distinct from the civil protective-order process.
Who can get a restraining order in New Hampshire?
For the RSA 173-B Domestic Violence Protective Order, the petitioner must have a qualifying relationship with the respondent. The law covers current and former spouses, current and former cohabitants (people who have lived together), persons related by consanguinity (blood) or affinity (marriage), and persons who are currently or have previously been involved in a romantic relationship. Notably, the statute explicitly states that the romantic relationship does not need to have been sexually consummated at any point.
Minor children who reside in the household with the defendant are excluded from the consanguinity/affinity category but can still be listed as protected parties in many circumstances. A parent protecting children will generally include them in the petition.
For the Stalking Protective Order under RSA 633:3-a, no relationship with the stalker is required. Any person who can show they have been stalked under the statutory definition may petition the Circuit Court regardless of whether they know the respondent personally.
How to file for a restraining order in New Hampshire
Petitions for a Domestic Violence Protective Order are filed with the Circuit Court, which has both a District Division and a Family Division with concurrent jurisdiction over RSA 173-B matters. The correct division to use may depend on the county and whether related family cases (divorce, parenting rights) are already pending in a particular division. Court staff can help direct petitioners to the right location.
Filing is free under the federal Violence Against Women Act. The VAWA fee bar prohibits courts from charging a filing fee or a fee for service of process in domestic violence protective-order cases. Petitioners should not be turned away because of an inability to pay.
Completing the petition forms can feel overwhelming, especially in a crisis. Court self-help centers are available at New Hampshire Circuit Court locations and can assist petitioners in understanding the forms. Local domestic-violence advocates also provide free, confidential assistance: the New Hampshire Domestic Violence Hotline (1-866-644-3574) and crisis organizations such as HAVEN and Cross Roads House can connect people with advocates who can accompany them to court.
Temporary vs. final orders: how long they last
New Hampshire has two types of temporary protection before a full hearing. The first is an emergency telephonic order, which a petitioner can request by phone when the court is open. This order is valid only until the close of the next regular court business day, giving the petitioner a short window to appear in person. The second is an in-person ex parte temporary order, which requires the respondent to be given 3 to 5 business days to respond before a hearing is scheduled. The ex parte order remains in effect pending that hearing, which is typically scheduled within approximately 30 days.
The final order issues after a hearing at which both parties may appear and present evidence. The court has authority to issue a final Domestic Violence Protective Order and to set its terms.
| Order Type | Duration |
|---|---|
| Emergency telephonic order | Until close of next regular court business day |
| Ex parte temporary order | Pending hearing (approximately 30 days) |
| Final order (initial) | Up to 1 year |
| First renewal | Up to 1 additional year |
| Subsequent renewals | Up to 5 years each, at court discretion |
The renewal process requires the plaintiff to file a request before the order expires. Courts have discretion to grant renewals; a showing that the threat or risk continues is helpful but the standard is generally not onerous for subsequent renewals.
Firearms and a New Hampshire protective order
When a New Hampshire court issues a Domestic Violence Protective Order, it is required to direct the respondent to relinquish all firearms and ammunition to a peace officer. This surrender is mandatory upon issuance of the order, not discretionary. The respondent is also prohibited from purchasing, receiving, or possessing any deadly weapon or firearm for the entire duration of the order.
In addition to the state-level prohibition, any qualifying final protective order triggers the federal firearm ban under 18 U.S.C. 922(g)(8). Under federal law, a person subject to a qualifying civil protective order may not possess any firearm or ammunition in or affecting commerce. Violating the federal ban is a felony under federal law regardless of what the state order says.
Anyone with questions about whether a specific order triggers the federal ban, or about the process for surrendering firearms, should contact the court or a local attorney. Respondents who are firearm owners and do not comply with a surrender order may face additional criminal exposure.
What happens if someone violates the order?
Violating a New Hampshire Domestic Violence Protective Order is a criminal offense under RSA 173-B:9. A first violation is a Class A misdemeanor, which carries a maximum penalty of up to 1 year in jail and a fine of up to $2,000. New Hampshire law also provides that charges brought under RSA 173-B may not be reduced to lesser offenses under the general penalty reduction provision at RSA 625:9, meaning the misdemeanor classification is preserved.
If a respondent has prior violations within 6 years, those prior incidents can be used to enhance related abuse charges. A pattern of violations significantly increases the legal exposure for the respondent.
Police officers can make an arrest without a warrant when they have probable cause to believe that a protective order has been violated. If someone violates an order, the protected person should call 911 immediately and also report the violation to the court that issued the order. Keeping documentation of violations, such as screenshots of messages or records of unwanted appearances, can support both a police report and a motion to the court.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More New Hampshire Laws
- New Hampshire AI Meeting Recording Laws
- New Hampshire Alimony Laws
- New Hampshire At-Will Employment Laws
- New Hampshire Car Accident Laws
- New Hampshire Car Seat Laws
- New Hampshire Child Custody Laws
- New Hampshire Child Support Laws
- New Hampshire Common Law Marriage Laws
- New Hampshire Data Privacy Laws
- New Hampshire Divorce Laws
- New Hampshire Dog Bite Laws
- New Hampshire Emancipation Laws
- New Hampshire Expungement Laws
- New Hampshire Hit and Run Laws
- New Hampshire Landlord-Tenant Laws
- New Hampshire Lemon Laws
Sources
- New Hampshire RSA 173-B (Protection of Persons from Domestic Violence): https://gc.nh.gov/rsa/html/xii/173-b/173-b-mrg.htm
- New Hampshire RSA 633:3-a (Stalking): https://gc.nh.gov/rsa/html/lxii/633/633-3-a.htm
- New Hampshire Judicial Branch, Circuit Court self-help resources: https://www.courts.nh.gov/self-help/domestic-violence
Related pages
For a full overview of how protective orders work nationwide, visit the Restraining Order Laws by State hub.
Documenting harassment and abuse can support your petition. The New Hampshire recording laws page explains the rules for recording conversations in the state.