HB526 (2005) Detail

Relative to temporary hearings on domestic violence petitions.


HB 526 – AS INTRODUCED

2005 SESSION

05-0732

05/09

HOUSE BILL 526

AN ACT relative to temporary hearings on domestic violence petitions.

SPONSORS: Rep. Bickford, Straf 3

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that a temporary hearing on a domestic violence petition shall not serve as the final hearing. The bill also provides that, at the final hearing, the court shall not be bound by any prior findings or determinations made in granting temporary relief.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0732

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to temporary hearings on domestic violence petitions.

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

1 Protection of Persons from Domestic Violence; De Novo Hearing. Amend RSA 173-B:3, VII to read as follows:

VII. The court shall hold a hearing within 30 days of the filing of a petition under this section or within 10 days of service of process upon the defendant, whichever occurs later. The court shall hear the matter de novo and shall not be bound by any prior findings or determinations made in granting temporary relief under RSA 173-B:4.

2 Protection of Persons from Domestic Violence; Temporary Hearing. Amend the introductory paragraph of RSA 173-B:4, I to read as follows:

I. Upon a showing of an immediate and present danger of abuse, the court may enter temporary orders to protect the plaintiff with or without actual notice to defendant. The court may issue such temporary orders by telephone or facsimile. Such telephonically issued orders shall be made by a district or superior court judge to a law enforcement officer, shall be valid in any jurisdiction in the state, and shall be effective until the close of the next regular court business day. Such orders shall be returnable to the district court where the plaintiff resides or to which the plaintiff has fled, unless otherwise ordered by the issuing justice. If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request a hearing on such orders. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. Such hearings [may] shall not constitute the final hearing described in RSA 173-B:3, VII. Such temporary relief may direct the defendant to relinquish to a peace officer any and all firearms and ammunition in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant for the duration of the protective order. Other temporary relief may include:

3 Effective Date. This act shall take effect January 1, 2006.

Links

HB526 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB526 Revision: 8969 Date: Jan. 21, 2010, midnight

Docket