HB 1560 – AS INTRODUCED
2006 SESSION
05/04
HOUSE BILL 1560
AN ACT shortening the enforcement period for a restraining order against one’s spouse.
SPONSORS: Rep. Cady, Rock 1; Rep. Bicknell, Rock 1
This bill shortens the enforcement period for a restraining order against a spouse to 3 months. Under current law, the order may be issued for up to one year.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2882
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT shortening the enforcement period for a restraining order against one’s spouse.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Protection from Domestic Violence; Restraining Order Against Spouse; Time Period Shortened. Amend RSA 173-B:5, VI to read as follows:
VI. [Any] Except as otherwise provided in this paragraph, an 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. An order against one’s spouse shall be for a fixed period of time not to exceed 3 months, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant. 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.
2 Effective Date. This act shall take effect January 1, 2007.