HB 445 - AS INTRODUCED
2003 SESSION
05/10
HOUSE BILL 445
AN ACT relative to consideration of domestic violence in child custody and visitation decisions and relative to the time period in which a motion for protective order from domestic violence may be filed.
SPONSORS: Rep. Stone, Rock 73; Rep. Knowles, Straf 69; Sen. Peterson, Dist 11
COMMITTEE: Children and Family Law
This bill provides that a finding of domestic violence creates a rebuttable presumption against joint custody and further describes the weight to be given to a finding of domestic violence in the context of child support and custody orders.
The bill also provides that in domestic violence cases, a court shall not deny relief based on the lapse of time between an act of domestic violence and the filing of a petition for protective 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0630
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to consideration of domestic violence in child custody and visitation decisions and relative to the time period in which a motion for protective order from domestic violence may be filed.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Domestic Relations; Support and Custody of Children; Consideration of Finding of Domestic Violence. RSA 458:17, II(c) is repealed and reenacted to read as follows:
(c) A determination by the court that domestic violence as defined in RSA 173:B:1 has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator. In making custody and visitation orders, the court shall consider as primary the safety and well-being of the child and of the parent who is the victim of domestic violence. The court shall also consider the perpetrator's history of causing physical harm, bodily assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person. If a parent is absent or relocated because of an act of domestic violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.
2 New Paragraph; Protection From Domestic Violence; Commencement of Proceedings; Hearing; Lapse of Time Not Preclusive. Amend RSA 173-B:3 by inserting after paragraph II the following new paragraph:
II-a. The court shall not deny a petitioner relief requested under this chapter solely because of a lapse of time between an act of abuse or domestic violence and the filing of the petition.
3 Effective Date. This act shall take effect January 1, 2004.