Domestic Violence Protection – RSA 173 B

RSA 173 B and all Domestic Violence Protection Orders are unconstitutional –

[Art.] 15. [Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel. No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land; provided that, in any proceeding to commit a person acquitted of a criminal charge by reason of insanity, due process shall require that clear and convincing evidence that the person is potentially dangerous to himself or to others and that the person suffers from a mental disorder must be established. Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.
June 2, 1784 – New Hampshire Constitution

Domestic Violence Notes, Articles, Cases in New Hampshire

I. “Abuse” means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through (h) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner’s safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being:
(a) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3.(b) Criminal threatening as defined in RSA 631:4.(c) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5.(d) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a.(e) Destruction of property as defined in RSA 634:1 and RSA 634:2.(f) Unauthorized entry as defined in RSA 635:1 and RSA 635:2.(g) Harassment as defined in RSA 644:4.(h) Cruelty to animals as defined in RSA 644:8.

N.H. Rev. Stat. § 173-B:1

A-H are Crimes

No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself. Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel.

Every person held to answer in any crime or offense punishable by deprivation of liberty shall have the right to counsel at the expense of the state if need is shown; this right he is at liberty to waive, but only after the matter has been thoroughly explained by the court.

Liberty:
1
: the quality or state of being free:
a
: the power to do as one pleases
b
: freedom from physical restraint
c
: freedom from arbitrary or despotic (see despot sense 1) control
d
: the positive enjoyment of various social, political, or economic rights and privileges
e
: the power of choice

Here are the liberties that they remove

(6) Directing the defendant to relinquish to the peace officer, in addition to the relief specified in RSA 173-B:5, I, any and all deadly weapons specified in the protective order that are in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant.(7) Granting the petitioner exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, defendant, or a minor child in either household, and ordering the defendant to stay away from the animal and forbidding the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or disposing of the animal.(b) Other relief including, but not limited to:(1) Granting the plaintiff the exclusive use and possession of the premises and curtilage of the plaintiff’s place of residence, unless the defendant exclusively owns or leases and pays for the premises and the defendant has no legal duty to support the plaintiff or minor children on the premises.(2) Restraining the defendant from withholding items of the plaintiff’s personal property specified by the court. A peace officer shall accompany the plaintiff in retrieving such property to protect the plaintiff.(3) Granting to the plaintiff the exclusive right of use and possession of the household furniture, furnishings, or a specific automobile, unless the defendant exclusively owns such personal property and the defendant has no legal duty to support the plaintiff or minor children.(4) Ordering the defendant to make automobile, insurance, health care, utilities, rent, or mortgage payments.(5) Awarding temporary custody of the parties’ minor children to either party or, where appropriate, to the department, provided that: (A) Where custody of the parties’ minor children with the department may be appropriate, the department shall receive actual notice of the hearing 10 days prior to such hearing provided that, if necessary, such hearing may be continued 10 days to provide the department adequate notice.(B) The department may move at any time to rescind its custody of the parties’ minor children.(6) Establishing visitation rights with regard to the parties’ minor children. The court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children. This may include orders denying visitation, requiring supervised visitation that shall take place only at a visitation center that uses a metal detection device and has trained security personnel on-site, or requiring supervised visitation, where such order can be entered consistent with the following requirements. In determining whether visitation shall be granted, the court shall consider whether visitation can be exercised by the non-custodial parent without risk to the plaintiff’s or children’s safety. In making such determination, the court shall consider, in addition to any other relevant factors, the following: (A) The degree to which visitation exposes the plaintiff or the children to physical or psychological harm.(B) Whether the risk of physical or psychological harm can be removed by ordering supervised visitation or by ordering supervised visitation at a center that uses a metal detection device and has trained security personnel on-site.(C) Whether visitation can be ordered without requiring the plaintiff and defendant to have contact regarding the exchange of children.(7) Directing the defendant to pay financial support to the plaintiff or minor children, unless the defendant has no legal duty to support the plaintiff or minor children.(8) Directing the abuser to engage in a batterer’s intervention program or personal counseling. If available, such intervention and counseling program shall focus on alternatives to aggression. The court shall not direct the plaintiff to engage in joint counseling services with the defendant. Court-ordered and court-referred mediation of cases involving domestic violence shall be prohibited.(9) Ordering the defendant to pay the plaintiff monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses.(10) Ordering the defendant to pay reasonable attorney’s fees.

N.H. Rev. Stat. § 173-B:5

This was sent to the New Hampshire Attorney General on August 16th, 2023 with no response.