HB494 (2021) Detail

Relative to temporary relief and permanent restraining orders issued in a divorce proceeding.


HB 494  - AS INTRODUCED

 

 

2021 SESSION

21-0623

05/04

 

HOUSE BILL 494

 

AN ACT relative to temporary relief and permanent restraining orders issued in a divorce proceeding.

 

SPONSORS: Rep. DeSimone, Rock. 14; Rep. Harb, Rock. 14; Rep. Baldasaro, Rock. 5; Sen. Birdsell, Dist 19

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides that the court shall not issue an order in a divorce proceeding that infringes on a party's constitutional rights unless the court determines there is no less restrictive means to achieve a compelling government interest.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0623

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to temporary relief and permanent restraining orders issued in a divorce proceeding.

 

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

 

1  New Paragraph; Annulment, Divorce, and Separation; Temporary Relief and Restraining Orders.  Amend RSA 458:16 by inserting after paragraph II the following new paragraph:

II-a.  If any order issued under this section, other than one brought under RSA 173-B, infringes on any right or rights a party may have as enumerated under either the federal or state constitution, the court shall identify the right or rights being infringed, and the compelling government objective to be achieved by the infringement. The court shall also make written findings that there is no less restrictive way to achieve the compelling government objective.  Any party aggrieved by an order not meeting this standard may petition the court to have the order modified or vacated.

2  Effective Date.  This act shall take effect January 1, 2022.

Links


Date Body Type
March 4, 2021 House Hearing
March 11, 2021 House Exec Session
March 11, 2021 House Exec Session
House Floor Vote
May 3, 2021 Senate Hearing
May 27, 2021 Senate Floor Vote
May 3, 2021 Senate Hearing
May 27, 2021 Senate Floor Vote

Bill Text Revisions

HB494 Revision: 31812 Date: Jan. 11, 2021, 2:44 p.m.

Docket


May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17


May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17


May 25, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25A


May 27, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25A


April 28, 2021: Remote Hearing: 05/03/2021, 02:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 22


May 3, 2021: Remote Hearing: 05/03/2021, 02:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 22


April 8, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12


April 13, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12


April 7, 2021: Ought to Pass: MA DV 201-178 04/07/2021 HJ 5 P. 133


April 7, 2021: Ought to Pass: MA DV 201-178 04/07/2021 HJ 5 P. 133


March 17, 2021: Committee Report: Ought to Pass (Vote 8-7; RC) HC 18 P. 33


: Committee Report: Ought to Pass (Vote 8-7; RC) HC 18 P. 33


March 11, 2021: Executive Session: 03/11/2021 9:30 a.m.


March 11, 2021: Executive Session: 03/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91927749754


March 4, 2021: Public Hearing: 03/04/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94672611666 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 11, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 51


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 51