reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:3 - Petition of Responsible Person.

171-B:3 Petition of Responsible Person. –
Only the attorney general, or designee, or the commissioner of the department of health and human services, or designee, may bring a petition for a hearing under RSA 171-B:4.
Source.
1994, 408:9. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:4 - Petition.

171-B:4 Petition. –
The petition for admission on an involuntary basis shall include:
I. The name of the person sought to be admitted and such person's last known address.
II. The specific facts that the petitioner alleges satisfy RSA 171-B:2.
III. A certificate from a physician, psychiatrist, or psychologist who shall have experience and training in developmental and intellectual disabilities, who has examined the person and reviewed the condition or behavior of the person sought to be admitted within 10 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies RSA 171-B:2, IV and V.
IV. The names and addresses of witnesses who can testify to the specific acts, conditions, or behaviors of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 171-B:2.
Source.
1994, 408:9. 2008, 52:18, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:5 - Hearing Date.

171-B:5 Hearing Date. –
The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:6 - Clerk to Send Copies of Petition.

171-B:6 Clerk to Send Copies of Petition. –
Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted.
Source.
1994, 408:9. 2011, 88:20, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:7 - Examination.

171-B:7 Examination. –
Upon receipt of the petition, the court shall order a person sought to be admitted to submit to an examination by a physician, psychiatrist, or psychologist, who shall have experience and training in developmental and intellectual disabilities, who is designated by the court. The expert so designated shall file with the court at least 7 days prior to the day of the hearing, a written report. The report shall include the examiner's opinions as to the following:
I. Whether the person sought to be admitted meets the standard in RSA 171-B:2, IV and V;
II. Whether involuntary admission is necessary; and
III. If paragraphs I and II are met, the facility or program which can best provide the degree of security, services and treatment needed for the person.
Source.
1994, 408:9. 2008, 52:19, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:8 - Recommendations; Copy to Person.

171-B:8 Recommendations;  Copy to Person. –
No later than 5 days prior to the day of the hearing, a copy of the report prepared pursuant to RSA 171-B:7 shall be made available to the petitioner, the person sought to be admitted and to such person's attorney.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:9 - Continuance.

171-B:9 Continuance. –
Either party may apply to the court for continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:10 - Conduct of Hearing.

171-B:10 Conduct of Hearing. –
At the hearing, the person whose mental condition is the subject of the hearing shall have the right to legal counsel, to present evidence on such person's own behalf, and to cross-examine witnesses. Such person shall also have the right to summon as witnesses the expert who filed the report pursuant to RSA 171-B:7 and to cross-examine the expert. The hearing shall be a public hearing. A transcript, which may, at the court's discretion, consist only of an audio recording, shall be made of the entire proceedings.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:11 - Change of Venue.

171-B:11 Change of Venue. –
In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court's discretion.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:12 - Order of Court.

171-B:12 Order of Court. –
If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to:
I. Treatment and services in a receiving facility within the state developmental services delivery system;
II. Treatment and services within the state developmental services delivery system other than in-patient treatment; or
III. Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:13 - Duration of Order.

171-B:13 Duration of Order. –
An order made pursuant to RSA 171-B:12 may be valid for up to 5 years. For the order to be renewed, another hearing shall be held pursuant to this chapter.
Source.
1994, 408:9, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:14 - Amended Orders.

171-B:14 Amended Orders. –
The court issuing an order for involuntary admission to the state developmental services system shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, the commissioner of the department of health and human services or designee may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility or the secure psychiatric unit.
Source.
1994, 408:9. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:15 - Transfers.

171-B:15 Transfers. –
I. A person admitted to any receiving facility pursuant to this section may at any time be transferred by the administrator of the receiving facility to the secure psychiatric unit upon a determination that the person would present a serious likelihood of danger to self or to others if retained in any receiving facility. Any such transfer shall be subject to the provisions of RSA 622:45. No person shall be retained in the secure psychiatric unit longer than the period of involuntary admission ordered by the court under this chapter.
II. A person admitted to any receiving facility pursuant to this chapter may be transferred at any time to another receiving facility designated for that purpose by the commissioner of the department of health and human services when such receiving facility can provide the degree of security, service, and treatment needed by the person in accordance with rules established under RSA 171-A:8-a.
III. In the event a person is transferred pursuant to this section, the commissioner or designee shall provide notice to the attorney general pursuant to RSA 135:17-b.
Source.
1994, 408:9. 1995, 310:182. 2012, 151:3, eff. Aug. 6, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 171-B - Involuntary Admission for Persons Found Not Competent to Stand Trial › Section 171-B:16 - Conditions of Conditional Discharge.

171-B:16 Conditions of Conditional Discharge. –
No person who is admitted to a receiving facility or to the secure psychiatric unit pursuant to this chapter shall be discharged, either absolutely or conditionally, prior to the expiration of the order of commitment without prior approval of the chief administrator of the state developmental services system when the person is committed to a receiving facility, or the commissioner of the department of corrections, when the person is committed to the secure psychiatric unit. No person who is transferred to the secure psychiatric unit pursuant to RSA 171-B:15 shall be discharged or transferred from the unit prior to the expiration of the order of commitment without prior approval of the commissioner of the department of corrections.
Source.
1994, 408:9. 1995, 310:140, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:2-a - State Substance Use Disorder Services System Established.

172:2-a State Substance Use Disorder Services System Established. –
The commissioner shall provide for the scientific care, treatment, and rehabilitation of individuals with substance use disorders and their families, and work towards the prevention of, and assist in the control of, alcohol and drug misuse within the state through education, treatment, community organization, and research. The department shall establish, maintain, implement, and coordinate a system of substance use disorder treatment services under this chapter. This system shall be supervised by the commissioner. With the exception of a youth drug treatment center required to be operated by a non-governmental entity at the Sununu youth services center, at the discretion of the commissioner, the department may directly operate and administer any program or facility which provides, or which may be established to provide, services to persons with substance use disorders or may enter into a contract with any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation for the operation and administration of any such program or facility.
Source.
1969, 501:2. 1979, 378:11, 30, eff. July 1, 1980. 2018, 364:3, eff. July 2, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:2-c - Community Substance Use Disorder Treatment Programs.

172:2-c Community Substance Use Disorder Treatment Programs. –
Any city, county, town, or any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation may establish and administer a community substance use disorder treatment program for the purpose of providing substance use disorder treatment services to individuals, families, and organizations in the area. Every program shall, at a minimum, provide substance use disorder screening and evaluation, case management, and outpatient counseling services. The department may contract with a community substance use disorder treatment program, pursuant to RSA 172:2-a, for the operation and administration of any services that are part of the state substance use disorder treatment system. In the event that the commissioner decides to enter into a contract for the operation and administration of any services which are part of the state substance use disorder treatment system, the contract shall contain standards designed to measure the performance of the contractor in achieving positive consumer outcomes, maintaining fiscal integrity, and providing quality services. The commissioner shall adopt rules, pursuant to RSA 172:8-b, to establish criteria for designating substance use disorder treatment programs under this chapter.
Source.
2018, 364:4, eff. July 2, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:6 - Director.

172:6 Director. –
The governor, with the advice and consent of the council, shall appoint an office director in accordance with RSA 4:12. The director shall be compensated in accordance with RSA 94.
Source.
1947, 254:5. 1949, 313:1, par. 6. 1950, 5, part 19:4. RSA 172:6. 1979, 378:13, 32, eff. July 1, 1980.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:7 - Assignment of Functions.

172:7 Assignment of Functions. –
The commissioner may assign the functions provided for in this chapter to the staff of the department as the commissioner deems appropriate.
Source.
1947, 254:6. 1949, 313:7. 1950, 5, part 19:4. RSA 172:7. 1979, 378:14, 33. 1983, 291:1, II. 1995, 310:146, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:8 - Duties of Commissioner.

172:8 Duties of Commissioner. –
The commissioner shall:
I. Study the problems presented by alcohol and drug abuse, including methods and facilities available for the care, treatment, custody, employment, and rehabilitation of persons who are inebriates, alcohol abusers, drug dependent, or drug abusers.
II. Promote meetings and programs for the discussion of alcohol and drug dependency and abuse for the guidance and assistance of individuals, schools, courts, and other public and private agencies.
III. Conduct, promote and finance, in full or in part, studies, and other appropriate facilities dealing with the physical, psychological, and/or social aspects of alcohol and drug abuse.
IV. Have the authority to accept or reject for examination, diagnosis, guidance, and treatment, insofar as funds and facilities permit, any resident of the state who comes to the commissioner voluntarily for advice and treatment.
V. [Repealed.]
VI. Render biennially to the governor and council a report of his activities including recommendations for improvements therein by legislation or otherwise.
VII. Coordinate community medical resources for the emergency medical care of persons suffering acute mental or physical reaction to alcohol or drugs and of persons suffering from drug dependency.
VIII. Employ such assistants as may be necessary to carry out the purposes of this chapter, in accordance with state personnel regulations, and within available appropriations and funds.
IX. Disseminate information on the subjects of alcohol and drug abuse for the guidance and assistance of individuals, schools, courts and other public and private agencies.
X. [Repealed.]
Source.
1950, 5, part 19:5. RSA 172:8. 1969, 501:3. 1973, 140:11. 1979, 378:15-17, 34-36. 1985, 218:2. 1988, 242:10, III, IV, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:8-a - Confidentiality of Client Records.

172:8-a Confidentiality of Client Records. –
No reports or records or the information contained therein on any client of the program or a certified alcohol or drug abuse treatment facility or any client referred by the commissioner shall be discoverable by the state in any criminal prosecution. No such reports or records shall be used for other than rehabilitation, research, statistical or medical purpose, except upon the written consent of the person examined or treated. Confidentiality shall not be construed in such manner as to prevent recommendation by the commissioner to a referring court, nor shall it deny release of information through court order pursuant to appropriate federal regulations.
Source.
1969, 501:7. 1979, 378:18, 37. 1988, 242:3, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:8-b - Rulemaking.

172:8-b Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to the following:
I. The acceptance, care and treatment of alcohol or drug dependent persons and alcohol or drug abusers who are clients of the program established under this chapter or a certified substance abuse treatment facility.
II. A fee schedule and collection of fees under RSA 172:14, IV.
III. Certification of substance abuse treatment facilities including, but not limited to:
(a) Program content;
(b) Qualifications of program staff; and
(c) Type of substance abuse treatment offered.
IV. Certification and recertification of alcohol and drug abuse counselors including, but not limited to:
(a) Peer review of applicants.
(b) Minimum qualifications and competency.
(c) Education and continuing education.
(d) Experience required.
(e) Required knowledge of alcohol and drug abuse counseling.
(f) Such other matters as the commissioner may deem necessary to carry out the purposes of this chapter.
V. Voluntary admissions under RSA 172:13.
Source.
1988, 242:4. 1995, 310:33, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:8-c - Special Fund for Administration of Opioid Treatment Programs.

172:8-c Special Fund for Administration of Opioid Treatment Programs. –
There is hereby established a special fund for administration of opioid treatment programs. The fund shall be composed of fees collected by the commissioner in accordance with RSA 318-B:10, VII(f), and shall be used to carry out the provisions of this chapter including, but limited to, acting upon the application for the certification, permit, or training of opioid treatment programs. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter to support program operations for certification and administration of the department of health and human services oversight of opioid treatment programs.
Source.
2022, 272:8, eff. July 1, 2022. 2023, 145:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:9 - Acceptance of Grants.

172:9 Acceptance of Grants. –
The commissioner is authorized to accept in the name of the state special grants or money or services from the federal or state governments or any of their agencies and may accept gifts to carry on the functions provided for in this chapter.
Source.
1947, 254:7. 1949, 313:8. 1950, 5, part 19:6. RSA 172:9. 1969, 501:4. 1979, 378:19, 38, eff. July 1, 1980.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:10 - Facilities and Personnel.

172:10 Facilities and Personnel. –
Within the limits of available appropriations and funds, the commissioner may contract for such educational, research, case work, institutional, medical facilities, personnel and services of public or private agencies as are necessary or desirable to carry out the provisions of this chapter; and may accept for training, and may assign for training, such medical, technical and clinical personnel as may be desirable.
Source.
1949, 313:9. 1950, 5, part 19:7. RSA 172:10. 1969, 501:5. 1979, 378:20, 39, eff. July 1, 1980.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:12 - Designated Receiving Facilities.

172:12 Designated Receiving Facilities. –
If a client manifests both chemical dependency and psychiatric problems, he may be referred to a designated receiving facility of the department of health and human services on an inpatient basis. If admitted, the client shall be evaluated by a qualified mental health worker and substance abuse counselor for the purpose of recommending an appropriate treatment plan.
Source.
1947, 254:9. 1949, 313:1, par. 11. RSA 172:12. 1979, 378:22, 40. 1988, 242:5. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172 - New Hampshire Substance Use Disorder Services System › Section 172:14 - Costs and Income.

172:14 Costs and Income. –
I. In respect to any or all items of expense incurred by the commissioner in connection with the treatment and rehabilitation of clients of a certified substance abuse facility, the commissioner insofar as possible shall seek to be reimbursed by the client or persons liable for the support of the client. The commissioner shall determine whether a client, or any persons chargeable therewith, is able to bear the expense incidental to the treatment and rehabilitation. In a case where the client, or persons chargeable with his or her support, are able to pay only a part of such expense, the commissioner upon satisfactory evidence may direct that such part of the expense as cannot be met by the client or persons chargeable therewith be paid by the state. No client is to be charged at any rate greater than cost. The cost shall not include the costs of administration of the program.
II. As a condition of any certification, training, or permit required in connection with the treatment and rehabilitation of any of his or her clients, or clients of a certified substance abuse treatment facility, the commissioner may require payment of a fee to cover the reasonable costs of acting upon the application for the certification, permit, or training. The commissioner shall establish a fee schedule and provide for the collection of the fees.
Source.
1949, 313:13. 1950, 5, part 19:10. RSA 172:14. 1979, 378:24, 42. 1985, 218:1, 3. 1988, 242:8, 9, eff. June 29, 1988. 2018, 204:5, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172-B - Alcoholism and Alcohol Abuse › Section 172-B:2-a - to 172-B:2-c Repealed by 2006, 260:37, I, eff. Jan. 1, 2007.

172-B:2-a to 172-B:2-c Repealed by 2006, 260:37, I, eff. Jan. 1, 2007. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172-B - Alcoholism and Alcohol Abuse › Section 172-B:4 - Laws Relating to Intoxication.

172-B:4 Laws Relating to Intoxication. –
I. No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.
II. Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.
III. This section does not make intoxication or incapacitation as defined in RSA 172-B:1 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.
IV. This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated.
Source.
1979, 378:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 172-B - Alcoholism and Alcohol Abuse › Section 172-B:5 - Acceptance of Grants.

172-B:5 Acceptance of Grants. –
The director is authorized to accept in the name of the state special grants or money or services from the federal or state governments or any of their agencies and may accept gifts to carry out the purposes of this chapter. Notwithstanding any other provision of law, during the period in which the office of alcohol and drug abuse prevention is located administratively in the office of the governor, no new personnel positions in the office of alcohol and drug abuse prevention may be created by the acceptance of federal monies or monies from any other source unless such positions are approved by the fiscal committee of the general court; provided, however, that the governor and council may accept all monies available for any emergency or disaster as defined by the authority awarding such monies to the office of alcohol and drug abuse prevention. Nothing herein shall be construed to affect the provisions of RSA 98:17-a or RSA 124. All monies which fund personnel positions subject to these restrictions shall be used only for the purposes or programs specified in the application for approval of the positions or as otherwise approved by law.
Source.
1979, 378:2, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:2 - Jurisdiction and Venue.

173-B:2 Jurisdiction and Venue. –
I. The district division and the judicial branch family division of the circuit courts shall have concurrent jurisdiction over all proceedings under this chapter.
II. If the plaintiff has left the household or premises to avoid further abuse, the plaintiff shall have the option to commence proceedings pursuant to RSA 173-B:3 in the county or district where the plaintiff temporarily resides.
III. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require.
IV. [Repealed.]
Source.
1999, 240:3. 2013, 62:1, 10, I, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:5-a - Permissible Contact.

173-B:5-a Permissible Contact. –
I. A protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact.
II. A no-contact provision in a protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to:
(a) Prevent contact between counsel for represented parties; or
(b) Prevent a party from appearing at a scheduled court or administrative hearing; or
(c) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.
III. A violation of this section may result in a finding of contempt of court.
Source.
2006, 214:1, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:6 - Guardian Ad Litem.

173-B:6 Guardian Ad Litem. –
In all proceedings under this chapter, the court may appoint a guardian ad litem to represent the interests of the children of either or both parties. The guardian ad litem may continue to serve after the final disposition of the case.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:7 - Minority Not a Preclusion for Services.

173-B:7 Minority Not a Preclusion for Services. –
The minority of any individual seeking assistance from any domestic violence program, as defined by RSA 173-B:1, shall not preclude provision of such requested services.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:8 - Notification.

173-B:8 Notification. –
I. A copy of any order made under this chapter which prohibits any person from abusing another shall be promptly transmitted to the local law enforcement agency having jurisdiction to enforce such order.
II. Temporary orders shall be promptly served on the defendant by a peace officer. Subsequent orders shall be sent to the defendant's last address of record. The defendant shall be responsible for informing the court of any changes of address. Law enforcement agencies shall establish procedures whereby a peace officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order.
III. Any court-ordered changes or modifications of the order shall be effective upon issuance of such changes or modifications, and shall be mailed or otherwise provided to the appropriate local law enforcement agency and transmitted to the department of safety within 24 hours of the entry of such changes or modifications.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:10 - Protection by Peace Officers.

173-B:10 Protection by Peace Officers. –
I. Whenever any peace officer has probable cause to believe that a person has been abused, as defined in RSA 173-B:1, that officer shall use all means within reason to prevent further abuse including, but not limited to:
(a) Confiscating any deadly weapons involved in the alleged domestic abuse and any firearms and ammunition in the defendant's control, ownership, or possession.
(b) Transporting or obtaining transportation for the victim and any child, to a designated place to meet with a domestic violence counselor, local family member, or friend.
(c) Assisting the victim in removing toiletries, medication, clothing, business equipment, and any other items determined by the court.
(d) Giving the victim immediate and written notice of the rights of victims and of the remedies and services available to victims of domestic violence. The written notice shall include a statement substantially as follows:
"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."
II. Pursuant to RSA 594:10, an arrest for abuse may be made without a warrant upon probable cause, whether or not the abuse is committed in the presence of the peace officer. When the peace officer has probable cause to believe that the persons are committing or have committed abuse against each other, the officer need not arrest both persons, but should arrest the person the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer shall consider the intent of this chapter to protect the victims of domestic violence, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between these persons if that history can reasonably be obtained by the officer.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:11 - Notice to the Victim.

173-B:11 Notice to the Victim. –
I. Notwithstanding the peace officer's obligations in RSA 173-B:9 and RSA 173-B:10, all peace officers shall give victims of abuse immediate and adequate notice of their right to go to the circuit court of their county to file a petition asking for protective orders against the abusive person and to seek a private criminal complaint.
II. The clerk of the court shall be responsible for advising victims of their right to request that the judge issue an order which may include removing any and all firearms and ammunition in the control, ownership, or possession of the defendant and may include:
(a) Restraining the defendant from abusing the victim.
(b) Directing the defendant to leave and stay away from the victim's premises and curtilage.
(c) Giving the victim custody of any minor children, denying the defendant visitation, or requiring that visitation be supervised to ensure safety for the victim and minor children.
(d) Directing the defendant to support the victim and any minor children if the defendant has the legal responsibility to support either or both.
(e) Restraining the defendant from contacting the victim, or entering the victim's place of employment, school, or any specified place frequented regularly by the victim or by any family or household member.
(f) Restraining the defendant from abusing, in any way, the victim, household members, or victim's relatives, regardless of their place of residence.
(g) Restraining the defendant from taking, converting, or damaging property in which the victim may have a legal or equitable interest.
(h) Directing the defendant to temporarily relinquish to the peace officer specific deadly weapons in the control, ownership, or possession of the defendant which may have been used, or were threatened to be used, in an incident of abuse against the victim or any member of the victim's household.
(i) Ordering the defendant to pay the victim 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.
(j) Ordering the defendant to pay reasonable attorney's fees.
Source.
1999, 240:3. 2013, 62:6, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:12 - Emergency Care; Limitation and Liability.

173-B:12 Emergency Care;  Limitation and Liability. –
Any act or omission of any peace officer rendering emergency care or assistance to a victim of domestic violence including, but not limited to transportation, shall not impose civil liability upon the peace officer or the peace officer's supervisors or employer if the care or assistance is rendered in good faith, unless the act or omission is a result of gross negligence or willful misconduct.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:13 - Orders Enforceable.

173-B:13 Orders Enforceable. –
I. Any protective order issued under this chapter shall be effective throughout the state.
II. Any protective order issued by any other state, tribal, or territorial court related to domestic or family violence, including an ex parte order, shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory, and the person against whom the order was made was given reasonable notice and opportunity to be heard. There shall be a presumption of validity where an order appears facially valid.
III. Any valid protective order, as defined in paragraph II, shall be accorded full faith and credit throughout the state.
IV. A person entitled to protection under a foreign protective order, as defined in paragraph II, may file such order in any circuit court by filing with the court a certified copy of the order. Such person shall swear under oath in an affidavit to the best of such person's knowledge that the order is presently in effect as written. Such filing shall be without fee or cost. The clerk of the circuit court shall forward such order to the administrative office of the courts which shall enter such order in the state database. Such filing shall not be a precondition to arrest or enforcement of a foreign order.
V. A peace officer may rely upon a copy of any protective order issued under this chapter, or under RSA 458, or upon a copy of a foreign protective order, as defined in this section, which has been provided to the peace officer by any source.
VI. Law enforcement personnel may rely on the statement of the person protected by the order that the order remains in effect as written.
VII. A mutual protective order issued by any other state, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection relating to domestic or family violence shall be accorded full faith and credit only if:
(a) A cross or counter petition, complaint, or other written pleading was filed seeking such protection order; and
(b) The court made specific findings of domestic or family violence by both parties and that each party was entitled to such order.
Source.
1999, 240:3. 2001, 189:3. 2013, 62:7, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:14 - Orders of Support.

173-B:14 Orders of Support. –
I. In any action determining the obligation of the obligor to support the obligee or the parties' minor children including, but not limited to, actions for divorce pursuant to RSA 458; determination of parental rights and responsibilities pursuant to RSA 461-A; paternity pursuant to RSA 168-A; child support pursuant to RSA 161-B, RSA 161-C, and RSA 458; reimbursement of public assistance pursuant to RSA 161-C; and the uniform interstate family support act pursuant to RSA 546-B; the court shall take judicial notice of any support obligation established pursuant to this chapter upon the filing of a certified copy of the order by:
(a) Either party to the domestic violence proceeding.
(b) The department.
(c) Any other agency or person legally entitled to enforce the obligation of support for the minor children.
II. Any circuit court order for financial support shall include enforcement of any duly filed circuit court order from the date of filing forward, and shall include enforcement of any arrears which have been:
(a) Reduced to judgment by the circuit court;
(b) Documented by the department pursuant to an order to make payable through the department; or
(c) Documented by the obligee in a notarized statement, provided that the obligor shall have 30 days to object and request a hearing on the issue of arrears.
Source.
1999, 240:3. 2005, 273:13. 2013, 62:8, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:15 - Fund for Domestic Violence Grant Program.

173-B:15 Fund for Domestic Violence Grant Program. –
A special fund for domestic violence programs is established. The sole purpose of the fund shall be to provide revenues for the domestic violence program established in RSA 173-B:16, and shall not be available for any other purpose. The state treasurer shall deposit all fees received by the department under RSA 457:29, 457:32-b, and 631:2-b, V in the fund. All moneys deposited in the fund shall be continually appropriated for the purposes of the domestic violence grant program and shall not lapse.
Source.
1999, 240:3, eff. Jan. 1, 2000. 2021, 122:58, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:16 - Grant Program Established.

173-B:16 Grant Program Established. –
A grant program is established within the department for the allocation of grant money to New Hampshire programs which provide aid and assistance to victims of domestic violence. The grant program shall be funded by the fund established under RSA 173-B:15.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:17 - Duties of the Commissioner.

173-B:17 Duties of the Commissioner. –
The commissioner shall:
I. Administer the grant program established in RSA 173-B:16 through a coordinator. The costs of administration shall be covered by the fund, and shall not exceed 2 percent.
II. Adopt rules, under RSA 541-A, relative to procedures under which interested New Hampshire programs may apply for funding.
III. Appoint the coordinator.
IV. Enter into a contract with the coordinator, subject to the approval of the governor and council.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:18 - Selection of Coordinator.

173-B:18 Selection of Coordinator. –
The commissioner shall be satisfied that the organization or agency chosen as the coordinator shall be qualified to provide at least those services listed in RSA 173-B:20.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:19 - Compensation for Coordinating Domestic Violence Grant Program.

173-B:19 Compensation for Coordinating Domestic Violence Grant Program. –
Compensation for the functions and duties of coordinating the program shall not exceed 30 percent of the total revenues of the fund.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:20 - Duties of Coordinator.

173-B:20 Duties of Coordinator. –
The coordinator shall be a statewide organization or agency which has demonstrated its ability, at a minimum, to:
I. Serve as a clearinghouse for information relating to domestic violence.
II. Conduct educational programs on domestic violence, both for the general public and for specialized interest groups, such as law enforcement and medical personnel.
III. Provide technical assistance to local domestic violence programs in the areas of budget, management, and other such skills.
IV. Enlist the assistance of public and voluntary health, education, welfare, legal, and rehabilitation agencies in a concerted effort to prevent domestic violence.
V. Provide coordination and supervision of programs.
VI. Assist the commissioner in the administration of the fund.
VII. Publicize the availability of the fund and the date by which applications must be received, and act on all applications within 45 days of the application deadline.
VIII. Notify each appropriate agency or organization in writing whether or not it is eligible for funds, and specify the amount available.
IX. Publicize the availability of domestic violence programs to the public.
X. Provide training for court advocates and social services agency advocates to accompany domestic violence victims.
XI. Apply for and receive any federal funds for which this program may be eligible.
XII. Ensure, as far as possible, that grants are awarded on a reasonable geographical basis throughout the state.
XIII. Obtain and evaluate reports from each grantee, at least annually, on its operations under this chapter.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:21 - Criteria for Selection of Direct Service Grantees.

173-B:21 Criteria for Selection of Direct Service Grantees. –
The coordinator shall use all of the following criteria for selecting grantees:
I. A grantee's ability to provide direct services to victims of domestic violence as follows:
(a) Shelter or safe homes on a 24-hours-a-day, 7-days-a-week basis.
(b) A 24-hours-a-day, 7-days-a-week switchboard for crisis calls.
(c) Temporary housing and food facilities.
(d) Psychological support and peer counseling.
(e) Referrals to existing services in the community and follow-up on the outcome of the referrals.
(f) A drop-in center to assist victims of domestic violence who have not yet made the decision to leave their homes, or who have found other shelter but who have a need for support services.
(g) Arrangements for school-aged children to continue their education during their stay at the center.
(h) Emergency transportation to a shelter and, when appropriate, arrangements with local law enforcement for assistance in providing such transportation.
(i) Trained court advocates and social service agency advocates to accompany domestic violence victims.
II. A grantee shall be a private or private nonprofit organization, or a public agency.
III. A grantee shall demonstrate the need for the services proposed by the program.
IV. A grantee shall establish its ability to secure community support and its efficiency of administration.
V. A grantee shall receive at least 50 percent of its funding from sources other than the fund, including town, city, county, federal, or private sources. Contributions in kind, whether material, commodities, transportation, office space, or personal services, may be evaluated and counted as part of the required non-state funding.
Source.
1999, 240:3, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 173-B - Protection of Persons From Domestic Violence › Section 173-B:22 - Confidentiality.

173-B:22 Confidentiality. –
All persons who are employed, appointed, or who volunteer under this chapter shall maintain confidentiality with regard to persons served by the coordinator and grantees and files kept by the coordinator and grantees, except for reasons of safety for other shelter residents or staff.
Source.
1999, 240:3, eff. Jan. 1, 2000.