CHAPTER 230

HB 1431 - FINAL VERSION

29march00.....3900h

29march00......3971h

5/11/00 4379s

18may00.....4614-EBA

2000 SESSION

00-2303

04/09

HOUSE BILL 1431

AN ACT relative to protective orders in domestic violence cases.

SPONSORS: Rep. Bickford, Straf 1; Rep. J. Wall, Straf 9

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill requires that the court, upon issuing an order against a defendant, in which a defendant is restrained from having any contact with the plaintiff, issue a warning to the plaintiff advising that it would be unwise and possibly unsafe to contact the defendant. The bill also provides that if the plaintiff wishes to contact the defendant, the plaintiff should petition the court for a modification of the order.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29march00.....3900h

29march00......3971h

5/11/00 4379s

18may00.....4614-EBA

00-2303

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to protective orders in domestic violence cases.

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

230:1 New Paragraph; Protection of Persons From Domestic Violence; Relief Amended. Amend RSA 173-B:5 by inserting after paragraph VIII the following new paragraph:

VIII-a. Upon issuing 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. 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.

230:2 Effective Date. This act shall take effect 30 days after its passage.

(Approved: June 1, 2000)

(Effective Date: July 1, 2000)