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RSA 173-B:10 · Protection by Peace Officers

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
173-B · PROTECTION OF PERSONS FROM DOMESTIC VIOLENCE
Status
current
Official source linked
Yes
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173-B:10 Protection by Peace Officers. –

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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:

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(a)

Confiscating any deadly weapons involved in the alleged domestic abuse and any firearms and ammunition in the defendant's control, ownership, or possession.

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(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.

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(c)

Assisting the victim in removing toiletries, medication, clothing, business equipment, and any other items determined by the court.

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(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."

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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.

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Source note

Source. 1999, 240:3, eff. Jan. 1, 2000.

Source history

  • 1999, 240:3, eff. Jan. 1, 2000

Related materials

Bill relationships

  • 2026 HB1084 amend · effective 2027-01-01

    s attempted to purchase or obtain a firearm in violation of the protective order. 8 New Section; Protection of Persons from Domestic Violence; Relinquishment of Firearms. Amend RSA 173-B by inserting after section 5-a the following new section: 173-B:5-b Relinquishment of Firearms. I. A person subject to a protective order pursuant to RSA 173-B:4 or RSA 173-B:5 or an order pursuant to RSA 597:2

  • 2026 HB1084-FN amend · effective 2027-01-01

    s attempted to purchase or obtain a firearm in violation of the protective order. 8 New Section; Protection of Persons from Domestic Violence; Relinquishment of Firearms. Amend RSA 173-B by inserting after section 5-a the following new section: 173-B:5-b Relinquishment of Firearms. I. A person subject to a protective order pursuant to RSA 173-B:4 or RSA 173-B:5 or an order pursuant to RSA 597:2

  • 2026 HB1284 add

    and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. The name, domicile address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. If it is necessary to establish suc

  • 2026 HB1323 amend · effective 2027-01-01

    ition for a restraining order filed in good faith pursuant to RSA 458:16 or RSA 461-A:10, or a petition filed in good faith for a civil protection order pursuant to RSA 633:3-a or RSA 173-B. 2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend RSA 461-A:4-a, I to read as follows: I. In the event of parental alienation or substantial and material

  • 2026 HB1323-FN amend · effective 2027-01-01

    ition for a restraining order filed in good faith pursuant to RSA 458:16 or RSA 461-A:10, or a petition filed in good faith for a civil protection order pursuant to RSA 633:3-a or RSA 173-B. 2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Family Access Motion. Amend RSA 461-A:4-a, I to read as follows: I. In the event of parental alienation or substantial and material

  • 2026 HB1378 reference

    of a legal guardian; (b) When the parent or legal guardian is the subject of a protective order involving the minor child or one of the minor child’s siblings issued pursuant to RSA 173-B, RSA 461-A, or RSA 633:3-a, or when a court of competent jurisdiction has determined that the release of the records to a parent or legal guardian is not in the child’s best interest; or (c) When a health care provide

  • 2026 HB1454 reference

    ion of a court order under RSA 159:3-b, if: (A) The underlying court order the defendant is accused of violating was a domestic violence order of protection issued pursuant to RSA 173-B or other order issued in connection with a domestic violence case; or (B) The defendant is also charged with domestic violence under RSA 631:2-b. 3 Effective Date. This act shall take effect 60 days after its passa

  • 2026 HB1454-FN reference

    ion of a court order under RSA 159:3-b, if: (A) The underlying court order the defendant is accused of violating was a domestic violence order of protection issued pursuant to RSA 173-B or other order issued in connection with a domestic violence case; or (B) The defendant is also charged with domestic violence under RSA 631:2-b. 3 Effective Date. This act shall take effect 60 days after its passa

  • 2026 HB1552 related · effective 2027-01-01

    to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B. 6 Effective Date. This act shall take effect January 1, 2027. LBA 26-2807 12/3/25 HB 1552-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to orders of protection. FISCAL IMPACT: Est

  • 2026 HB1552-FN related · effective 2027-01-01

    to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B. 6 Effective Date. This act shall take effect January 1, 2027. LBA 26-2807 12/3/25 HB 1552-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to orders of protection. FISCAL IMPACT: Est

  • 2026 HB1595 reference · effective 2027-01-01

    handling related domestic violence cases; (d) Develop protocols, rules, and practices for monitoring defendants for compliance with domestic violence orders of protection under RSA 173-B, including holding compliance hearings, while accounting for defendant due process rights; (e) Provide judicial supervision in civil domestic violence cases and conduct regular case reviews to identify areas of improv

  • 2026 HB1595 amend · effective 2027-01-01

    wise constitute a violation, it may be charged as a class B misdemeanor. 11 New Subparagraph; Protection of Persons from Domestic Violence; Lethality Assessment Protocol. Amend RSA 173-B:10, I by inserting after subparagraph (d) the following new subparagraph: (e) Screening the victim for risk of lethality pursuant to the guidance established under RSA 21-M:8-n. 12 New Section; Lethality Assessment Pro