How to Get a Restraining Order in New Hampshire
In New Hampshire these are called Domestic Violence Protective Order (temporary and final) under RSA 173-B. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for New Hampshire
- Cost
- Free. There is no filing fee or fee for service of process, and you may proceed without a lawyer. RSA 173-B:3, III
- Emergency / temporary orders
- On a showing of immediate and present danger of abuse, the court may issue temporary orders with or without notice to the defendant. RSA 173-B:4, I
- How long an order lasts
- Up to 1 year. On your motion showing good cause, with notice to the defendant, it can be extended for 1 year after the first order expires, and after that each extension can be for up to 5 years. RSA 173-B:5, VI
- Where to ask
- The circuit court (district division or family division) in the county or district where you or the defendant live, or where you are temporarily staying if you left home to avoid abuse. RSA 173-B:2; RSA 173-B:3, I, IV; RSA 173-B:4, I
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Domestic violence protective orders under RSA 173-B, available as temporary orders (including by telephone after hours) and final orders after a hearing. Abuse includes assault, criminal threatening, sexual assault, interference with freedom, property destruction, unauthorized entry, harassment, cruelty to animals, sharing private sexual images, and coercive control. New Hampshire also has stalking protective orders under a separate law (not detailed here). Source: RSA 173-B:1, 173-B:4, 173-B:5 |
|---|---|
| Who can ask for an order | A person abused by a family or household member (spouses or ex-spouses, people who live or lived together, parents and other relatives by blood or marriage) or by a current or former intimate partner (a romantic relationship, whether or not sexual), where the conduct is a credible present threat to the person's safety. |
| Where to ask | The circuit court (district division or family division) in the county or district where you or the defendant live, or where you are temporarily staying if you left home to avoid abuse. Court clerks provide forms designed for people filing without a lawyer. Outside court hours, a judge can issue a temporary order by telephone to a law enforcement officer. |
| Cost | Free. There is no filing fee or fee for service of process, and you may proceed without a lawyer. Source: RSA 173-B:3, III |
Emergency orders and the hearing
| Emergency / temporary orders | On a showing of immediate and present danger of abuse, the court may issue temporary orders with or without notice to the defendant. Telephone orders issued after hours are valid statewide until the close of the next regular court business day. The defendant can request a hearing on an ex parte order, held 3 to 5 business days after the request. Source: RSA 173-B:4, I |
|---|---|
| Serving the order | A peace officer or the sheriff's department serves the defendant, with no service fee. Source: RSA 173-B:3, III |
| The court hearing | The court holds a hearing within 30 days of filing or within 10 days after the defendant is served, whichever is later; either party may get a 10-day extension for good cause. You must prove abuse by a preponderance of the evidence. Your whereabouts are not revealed unless the court orders it for good cause. |
| How long an order lasts | Up to 1 year. On your motion showing good cause, with notice to the defendant, it can be extended for 1 year after the first order expires, and after that each extension can be for up to 5 years. The defendant can request a hearing on an extension within 30 days. Source: RSA 173-B:5, VI |
What the order does
| What an order can require | Restrain abuse of you, your relatives and household members; bar the defendant from your home (except with police to get items), work, school and places you go regularly; bar contact; protect your property; give you exclusive care of animals; give you exclusive use of the home, furniture or a car in many cases; order the defendant to make car, insurance, health care, utility, rent or mortgage payments; award temporary custody and set or deny visitation (including supervised visitation); and other relief needed to stop abuse. |
|---|---|
| Firearms | A final order must direct the defendant to give all firearms and ammunition to a peace officer for the duration of the order. A temporary order may also require this, and the court may order surrender of specified other deadly weapons. After an arrest for violating an order, police seize the defendant's firearms and ammunition. |
| If the order is violated | Knowingly violating a protective order is a class A misdemeanor and cannot be reduced to a lesser charge. Police must arrest a defendant who violates a temporary or final order (without a warrant within 12 hours, on probable cause) and hold them until arraignment. Later abuse offenses within 6 years can be charged at a higher level. Source: RSA 173-B:9 |
Children and privacy
| Minors and children | A minor can get a protective order against a present or former intimate partner, spouse or ex-spouse, and does not need to be accompanied by a parent or guardian to receive relief or services under this law. Source: RSA 173-B:3, II |
|---|---|
| Keeping your address private | New Hampshire has an address confidentiality program run by the Attorney General for victims of domestic violence, stalking or sexual assault who move to new addresses; participants use a substitute mailing address designated by the Attorney General for state and local agency records. Source: RSA 7:41 et seq. |
Forms and help in New Hampshire
New Hampshire protective order FAQ
What kinds of protective orders are available in New Hampshire?
Domestic violence protective orders under RSA 173-B, available as temporary orders (including by telephone after hours) and final orders after a hearing. Abuse includes assault, criminal threatening, sexual assault, interference with freedom, property destruction, unauthorized entry, harassment, cruelty to animals, sharing private sexual images, and coercive control. New Hampshire also has stalking protective orders under a separate law (not detailed here).
Who can get a restraining order in New Hampshire?
A person abused by a family or household member (spouses or ex-spouses, people who live or lived together, parents and other relatives by blood or marriage) or by a current or former intimate partner (a romantic relationship, whether or not sexual), where the conduct is a credible present threat to the person's safety.
Where do I file for a restraining order in New Hampshire?
The circuit court (district division or family division) in the county or district where you or the defendant live, or where you are temporarily staying if you left home to avoid abuse. Court clerks provide forms designed for people filing without a lawyer. Outside court hours, a judge can issue a temporary order by telephone to a law enforcement officer.
Does it cost money to get a restraining order in New Hampshire?
Free. There is no filing fee or fee for service of process, and you may proceed without a lawyer.
How fast can I get an emergency protective order in New Hampshire?
On a showing of immediate and present danger of abuse, the court may issue temporary orders with or without notice to the defendant. Telephone orders issued after hours are valid statewide until the close of the next regular court business day. The defendant can request a hearing on an ex parte order, held 3 to 5 business days after the request.
What happens at the restraining order hearing in New Hampshire?
The court holds a hearing within 30 days of filing or within 10 days after the defendant is served, whichever is later; either party may get a 10-day extension for good cause. You must prove abuse by a preponderance of the evidence. Your whereabouts are not revealed unless the court orders it for good cause.
How long does a restraining order last in New Hampshire?
Up to 1 year. On your motion showing good cause, with notice to the defendant, it can be extended for 1 year after the first order expires, and after that each extension can be for up to 5 years. The defendant can request a hearing on an extension within 30 days.
What can a protective order do in New Hampshire?
Restrain abuse of you, your relatives and household members; bar the defendant from your home (except with police to get items), work, school and places you go regularly; bar contact; protect your property; give you exclusive care of animals; give you exclusive use of the home, furniture or a car in many cases; order the defendant to make car, insurance, health care, utility, rent or mortgage payments; award temporary custody and set or deny visitation (including supervised visitation); and other relief needed to stop abuse.
Does a protective order affect firearms in New Hampshire?
A final order must direct the defendant to give all firearms and ammunition to a peace officer for the duration of the order. A temporary order may also require this, and the court may order surrender of specified other deadly weapons. After an arrest for violating an order, police seize the defendant's firearms and ammunition.
How is a restraining order served in New Hampshire?
A peace officer or the sheriff's department serves the defendant, with no service fee.
What happens if someone violates a protective order in New Hampshire?
Knowingly violating a protective order is a class A misdemeanor and cannot be reduced to a lesser charge. Police must arrest a defendant who violates a temporary or final order (without a warrant within 12 hours, on probable cause) and hold them until arraignment. Later abuse offenses within 6 years can be charged at a higher level.
Can a minor get a restraining order in New Hampshire?
A minor can get a protective order against a present or former intimate partner, spouse or ex-spouse, and does not need to be accompanied by a parent or guardian to receive relief or services under this law.
Can I keep my address confidential in New Hampshire?
New Hampshire has an address confidentiality program run by the Attorney General for victims of domestic violence, stalking or sexual assault who move to new addresses; participants use a substitute mailing address designated by the Attorney General for state and local agency records.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.