HB230 (2009) Detail

Relative to the burden of proof for a finding of abuse in domestic violence cases.


HB 230 – AS AMENDED BY THE HOUSE

11Mar2009… 0291h

2009 SESSION

09-0391

09/05

HOUSE BILL 230

AN ACT relative to the burden of proof for a finding of abuse in domestic violence cases.

SPONSORS: Rep. Nixon, Hills 17

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows the trial judge certain discretion in making a finding of abuse in domestic violence cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2009… 0291h

09-0391

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the burden of proof for a finding of abuse in domestic violence cases.

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

1 New Subparagraph; Protection From Domestic Violence; Definition of Abuse. Amend RSA 173-B:1, I by inserting after subparagraph (g) the following new subparagraph:

(h) Such conduct by the defendant, regardless of its proximity in time to the filing of the petition, which, in the discretion of the court, reasonably causes, or has caused, the plaintiff or members of the plaintiff’s household to fear for their safety and well-being.

2 Effective Date. This act shall take effect January 1, 2010.