SB76 (2005) Detail

Relative to the extension of restraining orders under the domestic violence protection act.


CHAPTER 284

SB 76 – FINAL VERSION

06/29/05 2016cofc

2005 SESSION

05-0782

05/09

SENATE BILL 76

AN ACT relative to the extension of restraining orders under the domestic violence protection act.

SPONSORS: Sen. Clegg, Dist 14; Sen. Larsen, Dist 15

COMMITTEE: Judiciary

ANALYSIS

This bill permits the court to extend a domestic violence protective order for a 5-year period under such terms as are necessary to provide for the safety of the petitioner.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/29/05 2016cofc

05-0782

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the extension of restraining orders under the domestic violence protection act.

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

284:1 Protection of Persons from Domestic Violence; Extension of Protective Order. Amend RSA 173-B:5, VI to read as follows:

VI. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order.

284:2 New Paragraph; Stalking; Extension of Protective Order. Amend RSA 633:3-a by inserting after paragraph III-b the following new paragraph:

III-c. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order.

284:3 Applicability. This act shall apply to any order in effect under RSA 173-B:5, VI and RSA 633:3-a, III-c on the effective date of this act as well as any order entered thereafter.

284:4 Effective Date. This act shall take effect 30 days after its passage.

(Approved: July 22, 2005)

(Effective Date: August 21, 2005)

Links

SB76 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB76 Revision: 9329 Date: Jan. 21, 2010, midnight

Docket