New Hampshire Revised Statutes 173-B:11 – Notice to the Victim
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I. Notwithstanding the peace officer’s obligations in N.H. Rev. Stat. § 173-B:9 and N.H. Rev. Stat. § 173-B:10, all peace officers shall give victims of abuse immediate and adequate notice of their right to go to the circuit court of their county to file a petition asking for protective orders against the abusive person and to seek a private criminal complaint.
II. The clerk of the court shall be responsible for advising victims of their right to request that the judge issue an order which may include removing any and all firearms and ammunition in the control, ownership, or possession of the defendant and may include:
(a) Restraining the defendant from abusing the victim.
(b) Directing the defendant to leave and stay away from the victim’s premises and curtilage.
(c) Giving the victim custody of any minor children, denying the defendant visitation, or requiring that visitation be supervised to ensure safety for the victim and minor children.
(d) Directing the defendant to support the victim and any minor children if the defendant has the legal responsibility to support either or both.
(e) Restraining the defendant from contacting the victim, or entering the victim’s place of employment, school, or any specified place frequented regularly by the victim or by any family or household member.
(f) Restraining the defendant from abusing, in any way, the victim, household members, or victim’s relatives, regardless of their place of residence.
(g) Restraining the defendant from taking, converting, or damaging property in which the victim may have a legal or equitable interest.
(h) Directing the defendant to temporarily relinquish to the peace officer specific deadly weapons in the control, ownership, or possession of the defendant which may have been used, or were threatened to be used, in an incident of abuse against the victim or any member of the victim’s household.
(i) Ordering the defendant to pay the victim monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses.
(j) Ordering the defendant to pay reasonable attorney’s fees.
II. The clerk of the court shall be responsible for advising victims of their right to request that the judge issue an order which may include removing any and all firearms and ammunition in the control, ownership, or possession of the defendant and may include:
Terms Used In New Hampshire Revised Statutes 173-B:11
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
(a) Restraining the defendant from abusing the victim.
(b) Directing the defendant to leave and stay away from the victim’s premises and curtilage.
(c) Giving the victim custody of any minor children, denying the defendant visitation, or requiring that visitation be supervised to ensure safety for the victim and minor children.
(d) Directing the defendant to support the victim and any minor children if the defendant has the legal responsibility to support either or both.
(e) Restraining the defendant from contacting the victim, or entering the victim’s place of employment, school, or any specified place frequented regularly by the victim or by any family or household member.
(f) Restraining the defendant from abusing, in any way, the victim, household members, or victim’s relatives, regardless of their place of residence.
(g) Restraining the defendant from taking, converting, or damaging property in which the victim may have a legal or equitable interest.
(h) Directing the defendant to temporarily relinquish to the peace officer specific deadly weapons in the control, ownership, or possession of the defendant which may have been used, or were threatened to be used, in an incident of abuse against the victim or any member of the victim’s household.
(i) Ordering the defendant to pay the victim monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses.
(j) Ordering the defendant to pay reasonable attorney’s fees.