Many divorce cases begin with claims of domestic violence. McGrath Law Firm recently handled several domestic violence cases throughout the State of New Hampshire. New Hampshire RSA 173-B governs Domestic Violence Law. Many divorce cases start with one spouse charging the other spouse with domestic violence. As a result , the abusive party is immediately removed from the marital residence.
The divorce petitioner and alleged victim then files a Petition for Domestic Violence in the Family Division which may result with a one year “no contact” Order after a hearing. While many divorces involving Petitions for Domestic Violence may be unfounded and used to gain an upper hand in a divorce proceeding, the Courts in New Hampshire today are reluctant to deny them. There have been several recent cases in New Hampshire where a Court has refused to issue a Domestic Violence Order resulting in tragic circumstances.
In the past the New Hampshire Courts required some physical contact, physical threats, or some evidence that a party prevented the other from calling the police. Today, simply raising your voice and/or acts of intimidation may be enough to grant the Domestic Violence Order; it is part of the divorce case. Once the Order is granted, the alleged abusive party is prevented by federal law from owning any weapons. Further, the alleged abusive party is placed on a central national computer database. To make matters worse, many partners try to reconcile in violation of the “no contact” Order, resulting in criminal charges and jail time.
The lesson learned is to avoid any confrontation when emotions flare up and simply walk away.
Contact McGrath Law Firm to schedule a consult for divorce, parenting, or child support if you want to know your legal rights! Our highly skilled lawyers can be reached at (800) 283 1380 or (603) 224-7111 or visit www.mcgrathlawfirm.com to learn about your legal rights!! We get results!!