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Bridges
can provide you with general information about obtaining and understanding
a restraining order. This information should not be considered legal advice.
If you have questions about the law or your rights, you should contact an
attorney. Bridges has a list of
legal
resources on our website.
If
you are in an abusive relationship and are in fear for your physical safety,
you have the option to try to obtain a restraining order. You can file Temporary
Restraining Order (TRO) paperwork in your local district court (Nashua, Merrimack,
Milford) or Hillsborough County Superior Court. A Bridges advocate can meet
you at court to provide support and information in obtaining your protective
order. A Bridges advocate can also provide support at your Final Restraining
Order hearing.
About
Your Temporary Restraining Order
Your
TRO is a legal document. The following may provide you with answers to some
questions.
- Once the defendant
is served, the order is in effect until the date of the Final Restraining
Order hearing (the date appears at the bottom of your order). Keep a copy
of the restraining order with you at all times. If the defendant violates
the order, the police will want to see the order when they respond to your
call.
- The defendant
has the right to request an immediate hearing within five court days. If this
occurs, you will need to appear in court before the date on your Temporary
Order. If this is the case, the court will notify you.
- The TRO prohibits
the defendant from entering your residence and interfering with you. Additional
restrictions may be included in your TRO, so be sure to read it carefully.
- The TRO may not
specifically restrict your from contact the defendant, but the court advises
that you not have any contact with him or her.
- You must appear
in court for the Final Restraining Order hearing. Both parties have the right
to hire an attorney for the hearing. During the hearing, the judge will hear
both sides and decide if a Final Restraining Order will be granted.
- Please keep in
mind that the TRO is a court order and any changes to it must be made through
the court. All requests to dismiss a restraining order must be made in person
at the court, which has scheduled your final hearing.
- If the defendant
violates the conditions of the TRO, you can call the police immediately, make
a report, and file a motion of contempt at the court where you received your
TRO. Keep a personal diary of all violations. Write down the date, time, and
a description of the violation.
- Your TRO (and
Final Restraining Order, if granted) is valid everywhere in the United States
and must be enforced, no matter where you are when a violation occurs, under
the Full Faith and Credit provision of the Violence Against Women Act (1994
Federal Law).
Things
to Remember for the Final Restraining Order Hearing
Dress neatly and
be courteous. The way you present yourself is important. Remain calm and
avoid arguing. Listen carefully
to what is said and think a second before speaking. If there is anything
that you do not understand, ask to have it explained. Make arrangements
for childcare for the day of your final hearing.
Be
sure to bring: Records of hospital
and/or medical treatment required as a result of the abuse
Police reports of
incidents of violence
Photographs (private
or taken by the police) of bruises and/or cuts resulting from the abuse
A list of incidents
and a list of requests for relief from the court (i.e. child support) so that
you have something written to refer to in case you are too nervous to remember
everything in detail
Any witnesses to
the abuse or injuries
Letters from the
defendant and/or answering machine messages left by the defendant that include
threats or that confirm the abuse
Information on your
and the defendant's earnings and financial situation (if you are requesting
child support, also have a Child Support Affidavit from the Clerk of Court)
Documentation to
support any request for financial compensation from the defendant (i.e. doctor's
bills, prescriptions, repair bills, etc.) and copies of any joint bills which
need to be addressed
A list of weapons
possessed by the defendant and, if possible, their whereabouts
Have
You Thought About Visitation?
If you and the defendant
have children, visitation will be discussed at your final hearing. You may want
to think about what sort of arrangement for visitation you would find acceptable.
Keep in mind that the restraining order prohibits the defendant from having
any contact with you. This should be taken into account when making arrangement
for visitation and exchanging the children.
- Will visitation
be supervised or unsupervised? If it will be supervised, you may want to think
about possible supervisors. There are also Supervised Visitation Centers in
the area. Nashua, NH: 603.889.6147 Salem, NH: 603.893.5432 Concord,
NH: 603.223.9907 Keene, NH: 603.357.4661.
- When and how often
will visitation take place?
- Where and when
will you arrange to drop off and pick up the children for visitation?
- What setting would
you (and the children) prefer for visitation (home, park, restaurant, etc.)?
- Concerns for your
safety or the safety of your children during visitation should be raised as
issues for the court's consideration.
Safety
Tips and Other Considerations
The following are
some precautions you may consider taking:
- Make sure you
are safe in your home. Change the locks and install steel/metal doors,
a security system, smoke detectors, and an outside lighting system.
- Make sure your
children are safe. Give a copy of the restraining order to your child's
school, daycare center, or anyone else who takes care of your child. Let them
know that the defendant may not pick up the child.
- Let other people
know about the orders. Let your friends and neighbors know that the defendant
no longer lives with you. Ask that they call the police if the defendant is
seen near your home, workplace, or school, or if the defendant is seen near
your children.
You may be eligible
for financial assistance to assist you in making your home secure, moving, or
paying necessary bills through the Victim's Compensation Program. A Bridges
advocate can assist you in filling out the paperwork.
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