Healthy Relationships Safety Sexual Abuse Stalking Sexual Harassment
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Laws
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What Does the Law Say?

New Hampshire has many laws addressing relationship abuse, including sexual abuse. The protection of the law includes people of all ages. No matter what your age, you are entitled to protection from abuse under the law and you have rights, too!

New Hampshire's domestic violence laws are under a statute called "173-B." It's a long set of laws covering many aspects of relationship abuse. If you'd like to see the entire statute, go to http://www.gencourt.state.nh.us/rsa/html/indexes/173-B.html.

Under 173-B "abuse" is defined as "the commission or attempted commission of one or more of the following acts by a family or household member or current or former sexual or intimate partner (that includes dating partners!) and where such conduct constitutes a credible threat to the plaintiff's safety." The acts covered include assault or reckless conduct, criminal threatening, sexual assault, interference with freedom (restraining someone against their will), destruction of property, unauthorized entry (entering your home without your permission), and harassment.

The law very specifically says that you are protected by the law even if you are a minor. This entitles you to apply for a protective order, a court order that requires the person abusing you to stay away from you. You need not be accompanied to court by a parent or guardian to apply for or be granted a protective order and there is no fee for filing for one. And you don't have to have a lawyer to apply for a protective order. There are a few things you should keep in mind if you think you might need a protective order:

  • Your school may or may not have policies in place to help effectively enforce protective orders. If you're thinking of filing for a protective order, you might consider consulting your school's guidance counselor for information on how your school handles such cases. REMEMBER, your guidance counselor, and any adult in New Hampshire, is required to report abuse of anyone under 18 to the state's Division for Children, Youth and Families.
  • While you don't need the permission of a parent or guardian to apply for a protective order, and they don't need to go to court with you, it can be an overwhelming and confusing process to go through alone. Your local crisis center can provide legal advocacy to help you through the process, answer your questions, and provide support.
There are two kinds of protective orders:

  • a temporary protective order is an emergency order that is granted in cases where there is an "immediate and present danger of abuse." The court may issue temporary protective orders by telephone or fax. A temporary protective order may include language restraining the abuser from abusing you or your family, from entering your home, from calling you, from contacting you at work, school, or any place you and your family regularly go, from withholding your property, and it can place limits on visitation if the two of you have children together.
  • A final protective order does many of the same things, but they are initially granted for up to a year and can be extended for a 5 year period the second time you request an extension of the final protective order. The abuser has the right to a hearing in court to argue against the issuing of a final protective order.
Any willful violation of the terms of a protective order is a crime and could result in the abuser going to jail. If your abuser commits any violation of your protective order, call 911 right away and document the violation in any way you can.

Once you have a protective order, the abuser may not contact you, even if you ask him/her to because you're thinking of reconciling. Once the protective order has been granted, it is unwise and possibly unsafe to contact the abuser. You should keep the protective order with you at all times, and give a copy to your school and your employer, along with a photo of the abuser if possible. Your protective order is valid in every state under a federal law called "Full Faith and Credit," so take it with you if you travel, especially if there's any chance your abuser could travel to the same area. If you have a protective order issued in another country, you can go to court and ask that it also be recognized as a valid protective order here.

Under New Hampshire law, the police have many duties and powers in protecting victims of relationship abuse. The law says:

"If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency telephonic order for protection. You may also request that the officer assist you in obtaining from your premises and curtilage, toiletries, medication, clothing, business equipment, and any other items as determined by the court, and in locating and taking you to a local safe place including, but not limited to, a designated meeting place to be used as a crisis center, a family member's or friend's residence, or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining an ambulance. You may request a copy of the report filed by the peace officer, at no cost, from the law enforcement department."

Sexual Assault is also a crime in New Hampshire, and the rights and penalties under the law also apply to minors. It's important to be familiar with the law because if you are under 16 and having consensual sex with your boyfriend or girlfriend, you are in violation of the state's "statutory rape law."

In New Hampshire there are three levels of sexual assault under the law:

  • Aggravated Felonious Sexual Assault is defined as sexual penetration, however slight, into any opening in a person's body against their will (without consent) or when the victim is physically helpless to resist. It is considered to be a felony punishable by up to 10 to 20 years in state prison. Touching the private parts of anyone under 13 is also Aggravated Felonious Sexual Assault.
  • Felonious Sexual Assault is often referred to as the "statutory rape law." Having sex with someone between the ages of 13 and 16 is Felonious Sexual Assault. The legal age of consent in New Hampshire is 16. Even if you have a relationship with someone between the ages of 13 and 16, having sex with them is a crime. It is a class B felony and is punishable by from 3 ½ to 7 years in state prison.
  • Sexual Assault is sexual contact with a person 13 years old or older. It is a misdemeanor punishable by up to one year in the house of corrections.

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