CHAPTER 214
SB 246 – FINAL VERSION
12Apr2006… 1596h
2006 SESSION
04/03
SENATE BILL 246
AN ACT relative to provisions for permissible contact between the agent of the defendant subject to a protective order and a plaintiff.
SPONSORS: Sen. Foster, Dist 13; Sen. Clegg, Dist 14; Sen. Gottesman, Dist 12; Rep. Knowles, Straf 6; Rep. Lasky, Hills 26
This bill sets forth conditions under which permissible contact may occur between the agent of a defendant subject to a protective order and the plaintiff.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Apr2006… 1596h
06-2403
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to provisions for permissible contact between the agent of the defendant subject to a protective order and a plaintiff.
Be it Enacted by the Senate and House of Representatives in General Court convened:
214:1 New Section; Protection of Persons from Domestic Violence; Permissible Contact. Amend RSA 173 by inserting after section 5 the following new section:
173-B:5-a Permissible Contact.
I. A protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.
II. A no-contact provision in a protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to:
(a) Prevent contact between counsel for represented parties; or
(b) Prevent a party from appearing at a scheduled court or administrative hearing; or
(c) Prevent a defendant or defendant’s counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.
III. A violation of this section may result in a finding of contempt of court.
214:2 New Paragraph; Stalking; Permissible Contact. Amend RSA 633:3-a by inserting after paragraph III-c the following new paragraph:
III-d.(a) A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.
(b) A no-contact provision in a protective order issued pursuant to this section shall not be construed to:
(1) Prevent contact between counsel for represented parties; or
(2) Prevent a party from appearing at a scheduled court or administrative hearing; or
(3) Prevent a defendant or defendant’s counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.
(c) A violation of this paragraph may result in a finding of contempt of court.
214:3 New Paragraph; Bail and Recognizances. Amend RSA 597:2 by inserting after paragraph III-a the following new paragraph:
III-b. A no-contact provision contained in any bail order shall not be construed to:
(a) Prevent counsel for the defendant to have contact with counsel for any of the individuals protected by such provision; or
(b) Prevent the parties, if the defendant and one of the protected individuals are parties in a domestic violence or marital matter, from attending court hearings scheduled in such matters or exchanging copies of legal pleadings filed in court in such matters.
214:4 Protection from Domestic Violence; Relief. Amend RSA 173-B:5, VII to read as follows:
VII. Both parties shall be issued written copies of any orders issued by the court, and all orders shall bear the following language: “A willful violation of this order is a crime, as well as contempt of court. Violations of the protective provisions shall result in arrest and may result in imprisonment.” Orders shall clearly state how any party can request a further hearing and how the plaintiff may bring a criminal complaint or a petition for contempt if there is a violation of any court order.
214:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 1, 2006
Effective: July 31, 2006