NH Domestic Violence Laws: Penalties, Protective Orders, and Firearms

New Hampshire domestic violence laws give victims two legal paths that can run at the same time: a criminal prosecution under RSA 631:2-b, which can lead to jail or prison, and a civil protective order under RSA 173-B, which forces the abuser to stay away, surrender firearms, and follow court-imposed restrictions. The state treats household violence as a public safety problem, and the rules around arrest, bail, and firearm possession are noticeably stricter than for most other offenses.

What Counts as Domestic Violence and Who’s Covered

The relationships covered are broader than many people assume. You qualify for protection if the person who harmed you is a current or former spouse, someone you live with or used to live with, a parent or relative by blood or marriage, or someone you are or were in a romantic relationship with, even if that relationship was never sexual.¹ There’s no requirement that you lived together or married. A dating relationship that ended years ago still qualifies.

On the conduct side, RSA 631:2-b defines domestic violence as any of the following against a family member, household member, or intimate partner: causing bodily injury or unwanted physical contact through force, threatening to use a deadly weapon to terrorize someone, forcing or coercing sexual contact, unlawfully confining someone, or blocking access to a phone to prevent a 911 call.² For a protective order, the court can consider past incidents alongside the most recent one if a pattern of behavior reasonably causes fear.¹

Criminal Penalties

The penalty under RSA 631:2-b depends on whether a deadly weapon was involved. Without one, domestic violence is a Class A misdemeanor carrying up to one year in jail and a fine of up to $2,000.³² If a deadly weapon was involved, the offense becomes a felony, and the court sets both a minimum and maximum sentence, with the minimum capped at half the maximum.

Prosecutors can also charge the underlying conduct separately. If the same incident caused serious bodily injury or involved strangulation, second-degree assault adds its own Class B felony penalties.⁴ Sexual assault, kidnapping, and stalking charges can stack on top when the facts support them.

Getting a Protective Order

You file a petition at the Circuit Court in the county where either you or the abuser lives. There is no filing fee, and any circuit court will accept your paperwork and transfer it if needed.⁵ The petition asks you to describe the abuse, identify the most recent incident, and provide identifying information about the defendant, including phone numbers if you know them.⁶ Include anything relevant to the danger: firearm access, substance abuse history, past threats. The more specific the petition, the easier it is for the judge to tailor the order. You sign under oath, and a false statement carries criminal penalties.

Temporary Orders

A judge reviews your petition the same day and can issue a temporary order without the abuser present or notified. The standard is whether the petition shows an immediate and present danger of abuse. If the court is closed, a judge can issue a telephonic order through a law enforcement officer, effective until the close of the next regular court business day.⁷

Police then serve the order on the defendant in person, and the restrictions take effect the moment service happens. The court schedules a full hearing within 30 days of your filing or within 10 days of service, whichever comes later.

The Final Hearing

Both sides can present evidence. You must prove the abuse by a preponderance of the evidence, meaning more likely than not.⁸ If you meet that standard, the court issues a final order with whatever terms are needed to stop the abuse.

What a Protective Order Can Include

The court is not limited to a standard checklist. Under RSA 173-B:5, common provisions include:

No contact with you and orders to stay away from your home, workplace, school, and other places you regularly go.
Sole possession of the residence, even if the defendant lives there, unless the defendant exclusively owns or leases the property and has no legal duty to support you or your children.
Temporary custody of minor children, with the ability to restrict visitation or require supervision.
Continued financial support, including automobile costs, insurance, health care, or utilities.
Surrender of all firearms, ammunition, and specified deadly weapons to law enforcement, with a ban on buying or possessing any during the order.
Exclusive care and custody of pets, with the defendant ordered to stay away from them.
A prohibition on taking, damaging, or hiding property in which you have a legal interest.

The statute makes clear the list is not exhaustive.⁸

Duration, Extensions, and Violations

A final order lasts up to one year. Before expiration, you can move to extend it. If the court grants a first extension, the defendant has a right to a hearing within 30 days to argue against it. Subsequent renewals can run up to five years.⁵ The court must give written reasons for an extension if the defendant asks.⁸

Violating a protective order is a Class A misdemeanor, and the consequences hit fast. A person arrested for violating the order must be held without bail until arraignment.⁹ There is no option to post bail and walk out before seeing a judge. After arraignment, the court can continue the detention if it finds probable cause that the defendant poses a danger.

Firearms

Firearm surrender is one of the most consequential parts of a New Hampshire domestic violence case, and it comes from two separate layers that stack.

Under state law, any protective order (temporary or final) directs the defendant to hand over all firearms, ammunition, and specified deadly weapons to law enforcement for the duration of the order. The defendant cannot buy, receive, or possess any firearms or ammunition while the order is active. Law enforcement can charge a reasonable storage fee, or with court approval the defendant can store the weapons with a federally licensed dealer at their own expense. After the order expires, the defendant can move for return of the weapons, and the court must hold a hearing within 15 days.⁸ In criminal domestic violence cases, firearm surrender is routinely imposed as a bail condition, so an arrest alone will almost certainly cost you access to your guns.

Federal law adds a layer many people miss. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying protective order issued after a hearing with notice and an opportunity to participate is federally prohibited from possessing any firearm or ammunition. Under 18 U.S.C. § 922(g)(9), a conviction for any misdemeanor crime of domestic violence creates a permanent, lifetime federal ban on firearm possession.¹⁰ That ban applies even if the conviction predates the 1996 law and even if the underlying offense involved minimal physical contact. Violating the federal prohibition is itself a federal felony.

Arrest, Bail, and Detention

Bail rules in domestic violence cases are significantly stricter than for most other offenses. If you are charged with felony-level domestic violence under RSA 631:2-b (meaning a deadly weapon was involved), you cannot post bail through a bail commissioner and must be held until arraignment, which must happen within 36 hours of arrest, excluding weekends and holidays.¹¹

Even at the misdemeanor level, the court can order pretrial detention without bail if it finds clear and convincing evidence that the defendant poses a danger. When bail is set, standard conditions include no contact with the victim, a ban on purchasing or possessing firearms, and restrictions on alcohol and drug use.¹² Electronic monitoring can be used as an alternative to full detention. If a civil protective order is already in place, the criminal bail conditions should mirror those restrictions.

Police responding to a domestic violence call can arrest without a warrant on probable cause, even if the officer did not personally witness the abuse, and they must confiscate any deadly weapons involved or found in the defendant’s possession.¹³ When both people accuse each other, the officer is directed to identify and arrest the primary physical aggressor by weighing the degree of injury or fear each person suffered and any known history of abuse.

Impact on Child Custody

A finding of domestic violence does not automatically strip a parent of custody rights, but it weighs heavily. Under RSA 461-A:6, when deciding custody and parenting time, a judge must consider any evidence of abuse and its impact on the child and on the child’s relationship with the abusive parent, along with whether contact between the parents is likely to result in harm.¹⁴

In severe cases involving a conviction for sexual assault or a court finding of sexual abuse against a child, the court can prohibit all contact between the offending parent and the victim, as well as siblings or step-siblings. Even short of that, a temporary protective order can include custody and supervised visitation provisions that carry weight when a family court later sets a permanent parenting plan.

Help for Victims

Victim Compensation

The Victims’ Compensation Program, run by the Department of Justice, reimburses crime-related expenses that insurance or other resources do not cover, up to $40,000 per victim. To qualify, you must report the crime to police (with limited exceptions), apply within two years, cooperate with prosecution, and have at least $100 in out-of-pocket losses.¹⁵ Covered costs include medical and dental care, mental health counseling (capped at $4,000 or 40 visits), lost wages, relocation, replacement locks, security systems, and up to 10 days of emergency funds. Property loss and pain and suffering are not covered.

Address Confidentiality

If you have left an abusive situation and moved somewhere your abuser does not know about, the Address Confidentiality Program assigns you a substitute address and receives your mail and legal documents. You do not need a restraining order or pending criminal case to qualify, but you must be a New Hampshire resident who has permanently left the abusive situation.¹⁶ One catch: you must not have already created state or local government records (driver’s license, vehicle registration, voter registration) using your new address before applying. The program is not retroactive, and applying requires a consultation with a crisis center advocate.

Time Off Work and Job Protection

Under the Crime Victim Employment Leave Act (RSA 275:62), your employer must let you leave work to attend court hearings, legal proceedings, or investigative meetings related to the prosecution of a crime committed against you. You need to give your employer a copy of the notice for each scheduled hearing before taking leave.¹⁷ RSA 275:71 separately prohibits employers from firing or retaliating against employees because of their involvement in a domestic violence situation.

Crisis Hotlines

New Hampshire has a network of crisis centers staffed by advocates around the clock, offering free, confidential safety planning, emergency shelter, legal advocacy, and help navigating the protective order process. For domestic violence and stalking concerns, call 1-866-644-3574. For sexual assault, call 1-800-277-5570.¹⁶

1
New Hampshire General Court. New Hampshire Code 173-B:1 – Definitions
2
New Hampshire General Court. New Hampshire Code 631:2-b – Domestic Violence
3
New Hampshire General Court. New Hampshire Code 651:2 – Sentences and Limitations
4
New Hampshire General Court. New Hampshire Code 631:2 – Second Degree Assault
5
New Hampshire Judicial Branch. Orders of Protection and Restraining Orders
6
New Hampshire General Court. New Hampshire Code 173-B:3 – Commencement of Proceedings; Hearing
7
New Hampshire General Court. New Hampshire Code 173-B:4 – Temporary Relief
8
New Hampshire General Court. New Hampshire Code 173-B:5 – Relief
9
New Hampshire Judicial Branch. Violations of Protective Orders and Contempt
10
Office of the Law Revision Counsel. 18 USC 922
11
New Hampshire General Court. New Hampshire Code 597:2 – Release of a Person Charged
12
New Hampshire Judicial Branch. Bail – Criminal Orders of Protection
13
New Hampshire General Court. New Hampshire Code 173-B:10 – Protection by Peace Officers
14
New Hampshire General Court. New Hampshire Code 461-A:6 – Determination of Parental Rights and Responsibilities; Best Interest
15
New Hampshire Department of Justice. Victims’ Compensation Program
16
New Hampshire Department of Justice. Address Confidentiality Program
17
New Hampshire General Court. New Hampshire Code 275:62 – Right to Leave Work