HB 1448 - AS INTRODUCED

2016 SESSION

16-2390

04/03

HOUSE BILL 1448

AN ACT relative to contact between a plaintiff and defendant subject to a protective order.

SPONSORS: Rep. Scontsas, Hills. 30; Rep. Burt, Hills. 39; Rep. K. Rice, Hills. 37

COMMITTEE: Judiciary

-----------------------------------------------------------------

ANALYSIS

This bill requires a restraining order to contain language that restricts or prohibits contact between the parties.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2390

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to contact between a plaintiff and defendant subject to a protective order.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Protection of Persons from Domestic Violence; Relief.  Amend RSA 173-B:5, VIII-a to read as follows:

VIII-a.  Upon [issuing] issuance of an order against a defendant, in which a defendant is restrained from having any contact with the plaintiff, the court shall advise the plaintiff that it would be unwise and possibly unsafe for the plaintiff to contact the defendant.  The order shall contain language that restricts or prohibits contact between the parties. If the plaintiff wishes to contact the defendant for any reason, the court shall advise the plaintiff that such contact be made only after petitioning the court for a modification of the order. In an emergency situation, the plaintiff or plaintiff's family may request that the local police department notify the defendant and the local police may accompany the defendant to a designated location, such as a hospital, if appropriate.

2  Effective Date.  This act shall take effect 60 days after its passage.