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Judge says handling other people’s Airbnb rentals doesn’t require a real estate license

June 28, 2021 By Marianna Barbowski

By DAVID BROOKS   Monitor staff      Published: 6/26/2021 11:00:06 AM

A judge has ruled that you don’t need a real estate license to handle short-term rentals for other people through online marketplaces like Airbnb, the latest debate over rules and regulations of the fairly new industry.

It’s unclear whether the ruling, handed down in October by Merrimack County Superior Court Judge Andrew Schulman, will affect ongoing debates about whether towns and cities can control these short-term rentals, but it does confirm that no such system exists at the state level.

“The legislature has not yet developed a comprehensive statutory scheme to govern the rapidly changing practice of ‘home sharing’,” Schulman wrote.

“This shows that the state cannot regulate short-term rentals at all under the current legislative scheme,” said Peter McGrath, whose law firm represented the defendant, Kerri McCauley, noting that the situation is different in other states. “It leaves a question as to whether each community should start to regulate short-term rentals.”

Short-term rentals are a source of controversy in some areas, particularly tourist-oriented locations. Supporters argue that they provide a flexible source of income for property owners, while opponents say that they can ruin the local quality of life due to noise and traffic, and can make apartments and homes more expensive by removing units from the local housing stock.

The town of Conway has been particularly aggressive on the issue. It put the matter on the annual meeting warrant – where voters OK’d the idea of rentals but gave selectmen permission to regulate them – and has petitioned the Superior Court for authority to control the rentals. In recent years Canterbury has sent cease-and-desist orders to some renters, alleging violation of zoning laws, while the question of Portsmouth’s ability to regulate rentals went to the state Supreme Court, which upheld it.

October’s court ruling was spurred by a New Hampshire Real Estate Commission charge that McCauley of Conway was acting as a real estate agent without a license for handling other people’s rentals through Airbnb and Homeaway, for which she collected a fee. According to the ruling, the commission has sought to have criminal charges, not just civil charges, brought against McCauley.

Judge Schulman ruled that short-term rentals were not covered by state law regarding real estate transactions, which concern the legal term “leasehold.”

“No three-day Airbnb guest would believe that he or she obtained an interest in real estate. It is not even within the periphery of imagination that a family with a contract for a week-long Airbnb stay would … (record) the agreement at the registry of deeds,” he wrote, adding that the state rooms and meals tax “applies to short-term tourist ‘rentals’ just as if they were motel rooms” and the law “exempts such ‘rentals’ from landlord/tenant protections.”

Schulman did allow some aspects of the Commission’s complaint against McCauley to go forward, “to determine whether McCauley crossed the line into real estate practice” as part of her services.

The complaint was filed in October 2018 and covered activities stretching back several years. Its passage through the court was delayed in part by the retirement of Judge Richard McNamara, who heard a May 7, 2020, hearing on the merits of the case.

(David Brooks can be reached at 369-3313 or [email protected] or on Twitter @GraniteGeek.)

https://www.concordmonitor.com/rental-short-term-license-real-estate-court-41080125

Filed Under: Legal Updates

WHY YOUR SINGLE-MEMBER LLC NEEDS AN OPERATING AGREEMENT

January 7, 2021 By Marianna Barbowski

Limited Liability Protection is not always granted to protect your assets from third-party creditors even if there is a validly formed LLC.

Here are some additional steps that you can take to ensure your asset liability protection.

Proper Organization of the LLC

In order to properly form a LLC, you must first file an Articles of Organization with the Secretary of State and receive a Certificate of Existence. While some think the Articles of Organization can be easily attained by filling out a questionnaire online, this is not a safe and efficient way to protect your assets.

CAUTION: Consult an Experienced Corporate Formation Lawyer to achieve proper formation and asset protection.

To preserve your limited liability protection while forming the Articles of Organization you will need a Federal Tax Identification Number, a separate bank account specifically for the LLC, and to ensure you keep your personal and business affairs separate.

If  you do not have all of these things the court will not protect your assets, such as your home  or bank accounts, against creditors from a lawsuit. The first two are simple, however the last requirement will require additional steps.

Separating Business Affairs from Personal Affairs with an Operating Agreement

To ensure you are perceived as an agent of the corporation, and to preserve asset protection, you must show you are keeping your business affairs and personal affairs separate. One of the best pieces of evidence to present to the court is an Operating Agreement.

Think about it, if someone asks you how you run your business or the structure of the business, you should be able to present to them a written document that outlines those features. This would be the operating   agreement.  An Operating Agreement is essentially a contract that shows the structure of the  organization.

If you do not have an operating agreement, your state’s default rules will outline the structure of your business. While  this may not be the  worst scenario, the default rules are generic and can often generate unsatisfying  results.

Additionally, some banks require an operating agreement to set up a bank   account.

When it comes to protecting your business, you do not want to cut corners and hurt yourself in the long run. Anything worth doing is worth doing right . Protect your home, bank accounts, and other important assets by consulting an experienced corporate attorney before filing a single member LLC.

McGrath Law Firm has extensive experience protecting its clients when structuring your business.

Filed Under: Legal Updates

4 Tips for Developing a Divorce Action Plan

December 17, 2020 By Marianna Barbowski

When you decide to file for divorce, the following weeks can turn into a heated whirlwind of legal battles and high emotions. That’s why it’s important to develop an action plan and stick to it before proceedings begin. Here are four tips on what to do and what to avoid .

1.      Consult With a Divorce Attorney

Divorce cases are rarely black and white. There are dozens of factors that go into making important decisions such as, child custody and spousal support. Therefore, it is essential to consult with a divorce attorney even if you and your spouse are on amicable terms. Certain disputes are simply best resolved with the help of legal aid.

2.  Document Everything

Once you’ve decided to file for divorce, it ‘s important to start keeping physical records of of everything that could be relevant in court.

Some examples include:

  • Communications: Keep track of dates, times, and content of all communication with your spouse including phone calls, emails, and text messages.
  • Expenses: Record all expenses you encounter while your divorce is pending so the court knows what support you may be entitled to.
  • Visitations: Record the date and times of all visitations you or your spouse has with your children. This can be essential for determining child custody in the future.

3.  Protect Your Privacy

After filing for divorce, and once your spouse has been served, your privacy may be the first thing to go. There are a few important steps you should take to protect yourself, such as:

  • Change all of your passwords on mobile phones and computers, especially social media and financial websites
  • Place a verbal password on all credit cards and financial resources with a multi-factor authentication.
  • Change your house alarm code if you live alone.

These are just some of the most important steps to take when filing for divorce, however every case is different. Talking to an experienced family law attorney should always be the first step when filing for divorce. Contact us today to find out how we can help.

Filed Under: Legal Updates Tagged With: divorce

Can an unlicensed real estate agent/broker lease short term rentals like Airbnb?

November 10, 2020 By Marianna Barbowski

Is a real estate salesperson/broker license needed for short term rentals?

In a historic decision, the Superior Court ruled in favor of the McGrath Law Firm’s client. Client was accused of violating civil and criminal regulations and laws regarding short term rentals of Airbnb and Homeaway properties for failing to maintain a real estate salesperson or broker license. McGrath Law Firm through Attorney Daniel Corley argued before the New Hampshire Real Estate Commission and Superior Court that our client did not need to obtain a real estate salesperson or broker license to provide rentals through Airbnb or Homeaway properties.

The New Hampshire Real Estate Commission disagreed and attempted to enforce a subpoena requesting information on the rentals and refer the matter out for felony prosecution. Attorney Corley argued that Real Estate Commission lacked jurisdiction to conduct a hearing and issue a subpoena for short term vacation rentals booked through Airbnb and Homeaway. The Superior Court upon review found that “no statutory grounding to regulate such hotel-like transactions because they do not involve an interest in real estate. RSA 331-A:2 and 3.”

The Court held: “The Court agrees with [client] that the Commission lacks jurisdiction to license and discipline persons who want to, advertise and manage typical Airbnb and Homeaway bookings for third party owners.” As the Court noted, “the statute is ambiguous with respect to the definition of an offense”. If each Airbnb or Homeaway transaction for an overnight stay is an ‘offense’, the maximum available civil penalty could be enormous.” The Court also held that the client is also not liable for any criminal offense. The Court held that “the Commission only has licensing disciplinary jurisdiction over the person who act, directly or indirectly, as [real estate brokers] or [real estate sales] people. RSA 331-A:3. The term lease and real estate includes “leaseholds and all other interest or stakes in land or business opportunity which involve any interest in real estate.” RSA 331-A:2. The Court held that the typical Airbnb, Homeaway or BRBO transaction does not create a leasehold or interest or stake or estate in land. This is true regardless as to whether the transaction is captioned as a short term rental.

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Licenses for short term rentals are a legislative matter

As previously argued by Attorney Corley before the Real Estate Commission, this is a legislative matter and the Court agreed. “To be sure, the legislature has not yet developed a comprehensive statutory scheme to govern the rapidly changing practice of ‘home sharing’ but the Commission cannot fill lacunae in our statutes by pretending that the revocable license to occupy a dwelling, or a room in a dwelling-i.e., the legal equivalent of a license that a movie theater grants to its patrons is a leasehold interest in land.” Furthermore, requiring a real estate broker’s license in order to “market, broker, manage or sale Airbnb-type rentals would raise constitutional concerns.” See State of New Hampshire v. Kerri McCauley, Merrimack Superior Court, 217-2020-CV-00177, Judge Andrew R. Schulman, Date of Decision October 7, 2020.

The seasoned lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through your legal matter to address your concerns and achieve your goals as efficiently as possible. Daniel Corley and the experienced attorneys at McGrath Law Firm can assist with your estate planning. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: Airbnb, Homeaway, real estate license, short term rental

Estate Planning

April 2, 2020 By Marianna Barbowski

Estate planning -now is the time!

Estate Planning signing

Taking care of your family should be of the utmost importance at this difficult time. Proper estate planning will reduce your stress and avoid expenses, hassles and conflict later. 

Your estate plan can direct exactly where your assets are to go in the event of your death or disability. An estate plan will provide you with the comfort of knowing that your assets will go to the right beneficiaries.

An estate plan will avoid questions or disputes that would most likely have to be resolved by the courts otherwise.

Reduce Taxes and Costs.  

An estate plan will avoid your assets being tied up and can help avoid probate taxes and fees.  You can minimize the expenses and taxes when you create an estate plan.

You should be able to keep the cost of transferring your property to a minimum and also ease the burden on your family.

It is stressful and difficult to plan for the funeral of a loved one when grieving, with an estate plan you can outline your wishes for burial or other funeral arrangements and take some of the burden off of your family at a difficult time.

Prepare for incapacity.

A proper estate plan includes durable power of attorney for health care and a power of attorney for financial matters.   If you should ever become mentally and/or physically incapacitated, an estate plan can outline your wishes regarding your life and who will make medical decisions on your behalf.

Decide Now Who Will handle your Affairs.

By crafting a proper estate plan, you can establish a trustee or representative to handle your financial matters and make that decision now so you can sleep well at night.  You can provide for those who need it most, such as a child who has a disability or other person you want to specifically provide for. 

Blended Families  

We see this issues more and more often recently. Many people have multiple children from different spouses. Without an estate plan children can be in conflict and may not be provided for as you wish.  With a plan, you decide what goes to whom and when, and what children from a prior marriage may receive when you pass away.

Contact us!

The seasoned lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the estate planning process to address your concerns and achieve your goals as efficiently as possible. Juli Hincks and the experienced attorneys at McGrath Law Firm can assist with your estate planning. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: estate law, estate plan, estate planning, legal advice

Divorce: When Should I See a Divorce Attorney?

January 18, 2019 By Marianna Barbowski

When should I see an attorney?

Hiring a Divorce Attorney and the decisions and agreements you make during your divorce will have a lasting impact on your life.  Your divorce can affect finances, property ownership, future income, and taxes—and, if you are a parent, the lives of your children.  As a result, we recommend that you meet with one of our attorneys for a consultation as soon as possible in the divorce process.  Talking to an attorney in the early stages helps you learn more about your legal rights and can make sure you don’t accidentally agree to give up those rights.

This is true even if you believe that you and your spouse will be able to agree on the terms of the divorce.  Further, we often find that clients aren’t aware of the broad range of property that can be divided in a divorce, and without proper legal advice from a divorce attorney, they would have left money “sitting on the table.”

Process of Choosing the right Divorce Attorney

Should you seek to hire a divorce attorney to represent you fully during your divorce or handle settlement arrangements and represent you in court, this initial consultation serves as an excellent interview.  It will help you decide whether the attorney is a good fit for you.

Know your rights!

If you are considering handling your divorce on your own, we still recommend having at least one consultation with our attorneys to ensure you know your legal rights.  In addition, depending on the issues you are facing, you may want some additional help. Our attorneys can assist you on a limited basis, providing advice and document review as needed, while you represent yourself in negotiations and in court.  However, if your divorce is not complex, or if funds are tight, this can be a good way to protect yourself while saving money.

It is important to note, one consultation can save you money and time. Please call us. Our attorneys will be fully on your side and make sure you know your rights and your options!

Contact us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, Juli Hincks and the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: choosing an attorney, divorce attorney, know your rights, legal rights

Social Media and Divorce – Just Don’t!

January 15, 2019 By Marianna Barbowski

Do not let emotions take over your social media accounts

Social media and divorce can be a dangerous combination. As you know, divorce is a highly emotional process.  Feelings of anger, pain and betrayal are all too common.  When we have these feelings, our instinct is often to turn to social media so that we can vent our emotions or ask for support. Due to feelings of grief or longing for the person we are divorcing lead us to look at their social media pages and even to comment.

This behavior can easily backfire. While you may have your ex blocked on social media, there are likely people who can view your account who might feel sympathetic towards your ex and share information. 

Furthermore, your posts and comments can seem threatening to your ex, and are upsetting to family, friends, and children. All of this puts you in a poor position when discussing property division or parenting plans—your ex may be less flexible in negotiations, or even become unwilling to negotiate, and try to use your social media posts against you in court.

Additionally, it isn’t only negative social media posts that can backfire.  Sometimes, even happy posts can upset your divorce proceedings.  For example, posting on social media about partying and drinking can allow your ex to call your judgment into question during parenting discussions. Similarly, posting photos of yourself on expensive vacations or with your fancy new boat can give your ex ammunition to use against you when dividing up property.

Finally, if you are dating during your divorce, keep your relationship off of social media. Changing your relationship status or posting couple photos can cause a jealous reaction, even if your ex was the one who initiated the split. 

Contact us


The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: attorney, divorce, divorce lawyer, lawyer, social media

Same-Sex Divorces in New Hampshire

November 29, 2017 By Marianna Barbowski

Same-Sex Divorces in New Hampshire.Printer Paper Cut With Orange Scissor

McGrath Law Firm has recently handled a divorce action for a same-sex couple. Our experienced legal team was able to successfully help our client win ownership of certain personal property while protecting the client’s legal rights during a divorce dispute.

Same-sex marriage has been legal in New Hampshire since January 1, 2010, when legislation signed into law by Governor John Lynch on June 3, 2009 took effect. New Hampshire had established civil unions for same-sex couples beginning on January 1, 2008. Prior to 2008, same-sex couples in New Hampshire were not entitled to obtain the legal and financial benefits generally associated with marriage.

Although the divorce rates in New Hampshire are lower than the national average, there has been a rise in the number of married couples seeking a divorce, including same gender couples.

Same-sex divorce actions can sometimes involve high conflict disputes over the ownership of personal property items.  Some examples of personal property include jewelry, accessories, clothing, personal effects, as well as shared memorabilia.

New Hampshire law provides for an equitable distribution of marital assets regardless of whether a divorcing couple are same-sex or heterosexual. However, this does not mean that every asset or item must be split equally, so long as the overall distribution between the parties is fair and reasonable.

McGrath Law Firm has specific experience assisting clients in dissolving their marriages and handling the issues that may arise in a same-sex divorce action.

Contact Us!

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible. From spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (603) 224-7111.

Filed Under: Legal Updates Tagged With: divorce, legal advice, marital assets, same-sex, spousal support

Recent Developments in New Hampshire Law

July 25, 2017 By Marianna Barbowski

Recent Developments in New Hampshire Law

Developments include Full-Day Public Kindergarten; Decriminalization of Marijuana; and More

 

There have been some recent developments in New Hampshire laws.  As you may have read in the news recently, Governor Chris Sununu signed 38 bills into laws.  We have taken a look at some of them and below is an example of some of the changes coming New Hampshire’s way!

Funding Full-Day Public Kindergarten

On July 12, 2017, Governor Chris Sununu signed into law Senate Bill 191 to fund full-day public kindergarten throughout the state by taxing Keno lottery games in New Hampshire. Governor Sununu has made expanding public kindergarten programs a signature policy focus in his first term. The governor was given a political boost when the bill cleared both the House and Senate with wide margins in a bi-partisan vote in June.

Governor Sununu previously praised the legislation. “The investments made today will give New Hampshire children a strong foundation for tomorrow’s future. Full-day kindergarten is good for children and families, and a critical tool in retaining our future workforce.” However, this law is not a requirement for any town to adopt full-day public kindergarten programs.

About 70% of the school districts in the state have already instituted a full-day program, paying for the second half of the day with local property taxes. The state had been offering districts a grant of $1,800 per student for kindergarten enrollment, which assumed a half-day program. The new law will now provide for another $1,100 per kindergarten student each year from state Keno lottery game revenue.

As Keno revenue rises, the state grant would increase up to $1,800 per kindergarten student for a total from all grant sources of $3,600 which is the ‘adequacy grant’ currently received by districts for students from first-grade through high school.

 

Decriminalizing Small Amounts of Marijuana

On July 18, 2017, Governor Sununu signed House Bill 640 downgrading possession of up to 3/4th of an ounce of marijuana or 5 grams of hashish to a civil violation instead of a criminal misdemeanor as it would previously have been charged. This law is set to take effect on September 18, 2017, making New Hampshire the 22nd state to eliminate the possibility of jail for individuals convicted of simple possession. The legislative measure, referred to as “common sense marijuana reform” by Governor Sununu, passed both the House and Senate with strong bipartisan support.

New Hampshire is the last New England state to reduce marijuana possession to a civil offense. Although decriminalization has been considered in the past, this was the first time the Senate took up a bill passed by the House. Matt Simon, New England policy director with the Marijuana Policy Project, stated “there is no good reason to continue arresting and prosecuting people for marijuana possession.”

When the law takes effect, any person 18 years or older found to be in possession of 3/4th of an ounce or less of marijuana or 5 grams or less of hashish would be subject to liability for a civil violation, punishable by a $100 fine for the 1st or 2nd offense, instead of a criminal misdemeanor with a fine of up to $2,000. Any subsequent infraction within a 3-year period would be punishable by a fine of up to $300. A 4th offense would result in a Class B misdemeanor charge.

Any person less than 18 years old found to be in possession of the threshold amounts or less would be subject to a delinquency petition.

All money collected from the law’s fines will be deposited in the state’s fund for services to combat alcohol and substance abuse.

Establishing a State-Wide Needle Exchange Program

On June 16, 2017, Governor Sununu signed into law Senate Bill 234 creating a needle exchange program throughout the state and decriminalizing trace amounts of drugs left in dirty needles. The passage of this law brings New Hampshire in line with the rest of the New England states which have already implemented exchange programs.

Allowing users to safely dispose of needles without the fear of prosecution is the best way to make sure needles aren’t discarded in public places.

Without a readily available supply of clean syringes, drug users will become desperate, resorting to using needles found on the side of the road, trying to fish dirty needles out of medical disposal boxes, or using the same needle again and again until the metal tip breaks off. Needles, clean and used, are often sold on the street for anywhere from $1 to $20 a piece.

Governor Sununu commended the legislative measure. “The drug crisis is the most serious public health and safety issue facing New Hampshire and it remains critical that we continue supporting investments and resources in law enforcement, but also in prevention, treatment, and recovery programs … There is no doubt that this bill will save lives.”

 

Expanding Conditions Qualifying for Therapeutic Use of Cannabis

On June 16, 2017, Governor Sununu signed two bills expanding the list of qualified medical conditions eligible for the therapeutic use of cannabis, otherwise known as medical marijuana. House Bill 157 adds chronic pain as one of the qualifying conditions, while Senate Bill 17 removes the requirement that individuals with Hepatitis C be receiving anti-viral treatments in order to qualify for medical marijuana.

Other qualifying medical conditions include: cancer, glaucoma, HIV, AIDS, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury/disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, and ulcerative colitis.

Heightened Requirements for Background Checks in Adoptions and Foster Family Licensing

On June 16, 2017, Governor Sununu signed into law House Bill 355 expanding the background check requirements associated with adoptions as well as the initial home licensing process for foster family applicants.

Previously, only prospective adoptive parents or prospective foster parents were subject to a finger-print based criminal record check of national crime information databases in addition to the central registry check of all adults living in the home. Developments now provide all adults living in the home will be subject to a finger-print based criminal record check and a central registry check as part of the adoption or foster family licensing process.

The criminal record check consists of submitting finger prints to the State Police for forwarding to the Federal Bureau of Investigation (FBI). The central registry check consists of checking the state’s central registry of founded reports of child abuse and neglect as well as checking the child abuse and neglect registries in any other state in which an adult living in the home has resided in the past 5 years.

Contact Us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the challenging process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of law. Call us to schedule your consultation at (603) 224-7111.

 

#newlaw #legaldevelopments #housebills #decriminalizing #newhampshire

 

Filed Under: Legal Updates Tagged With: bills, developments, house bills, legal rights, marijuana, New Hampshire, New Hampshire law

Domestic Violence explained

July 20, 2017 By Marianna Barbowski

What Constitutes Domestic Violence in New Hampshire?https://static.pexels.com/photos/493507/pexels-photo-493507.jpeg

How to proceed if you are the victim?

First and foremost, if you feel threatened and you cannot remove yourself from the situation, you should call the police immediately. If you would like to file for orders of protection you can do so at your local Family Division. The court clerks are very helpful and can walk you through the process. There is no filing fee associated with the filing of a domestic violence, so money will not be an issue.

The threshold for domestic violence is fairly broad and is governed under RSA 173-B. RSA 173-B is limited as to who can seek protection under this statute. For example, spouses, ex-spouses and parties that are co-habitating together are entitled to file a domestic violence petition under this statute. There are a few different situations where someone can seek protection under RSA 173-B, but the lines could become blurred when interpreting the relationship. If there is a question as to status of the parties, a Judge will decide if a plaintiff is entitled to relief under RSA 173-B.

All that has to happen is a situation where the complaining party can prove that there was a credible present threat to their safety at a hearing held before a Judge, with both parties having the opportunity to be heard. If an action is requested ex parte (or expedited) by written request from the the defendant, the matter must be scheduled for an immediate hearing, no less than three (3) nor more than five (5) business days.

What happens if orders of protection are issued?

The protective orders vary. Typically, and in most circumstances, all firearms in the possession of the defendant shall be relinquished. The defendant will also be required to stay away from the complaining party by at least 300 feet. There are additional restrictions that could be imposed, depending on the circumstances, whether children are involved, etc. Further, the order will be in place for one year, and may be extended upon a further hearing.

 

What if you are served with Domestic Violence paperwork?

The petition will be served upon you by the Court. Everything complained of by the plaintiff will be provided to you. If the petition is not brought ex parte, a hearing will be scheduled within thirty days. If an expedited (ex parte) hearing is requested, as stated above, a hearing will be scheduled within 3-5 days upon request. You will have the opportunity to be heard and judged by an impartial and unbiased Judge, who will weigh the facts presented to determine whether temporary orders are necessary. If it is granted, the court will go ahead and schedule the matter for a final hearing to determine whether the order of protection needs to be extended.

Why call an attorney?

Our attorneys at McGrath Law Firm are well versed in the grounds and threshold that needs to be met in order to justify an order of protection. Often these matters can be worked out with the help of an attorney. A lawyer can save money and bring closure and be of great value.  Orders of Protection can be limited in restrictions but they can also turn out to be a hindrance to your lifestyle, including having access denied to your children. Don’t let this happen to you!

Contact us!

The seasoned attorneys at the McGrath Law Firm, founded by former federal prosecutor, Peter McGrath, will walk you through every step of the domestic violence process to address your concerns and achieve your goals as efficiently as possible. From personal injury, criminal law and estate planning, family law, including, but not limited to, spousal support, child support, fault, and equitable division of property and debt to valuations, prenuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of law. Call us to schedule your consultation at (603) 224-7111.

 

#domesticviolence  #173-B #restrainingorder

Filed Under: Legal Updates Tagged With: 173-B, Domestic Violence, legal rights, orders of protection

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Practice Areas

  • Divorce & Family Law
  • Criminal Defense
  • Personal Injury Law
  • Civil Litigation
  • Real Estate Law
  • Business Law
  • Estate Planning Law

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