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RSA 173-B:9 · Violation of Protective Order; Penalty

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:9 Violation of Protective Order; Penalty. –

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I.

(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment, provided that in extreme circumstances, such as when the health of the defendant would be jeopardized by the temporary detention, a judge in response to a request by the arresting law enforcement officer or agency, may order an alternative to detention pending arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

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(b)

Subsequent to an arrest, the peace officer shall seize any firearms and ammunition in the control, ownership, or possession of the defendant and any deadly weapons which may have been used, or were threatened to be used, during the violation of the protective order. The law enforcement agency shall maintain possession of the firearms, ammunition, or deadly weapons until the court issues an order directing that the firearms, ammunition, or deadly weapons be relinquished and specifying the person to whom the firearms and ammunition or deadly weapons will be relinquished.

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II.

The prosecution and sentencing for criminal contempt for a violation of a protective order shall not preclude the prosecution of or sentencing for other criminal charges underlying the contempt.

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III.

A person shall be guilty of a class A misdemeanor if such person knowingly violates a protective order issued under this chapter, or RSA 458:16, III, or any foreign protective order enforceable under the laws of this state. Charges made under this chapter shall not be reduced to a lesser charge, as permitted in other instances under RSA 625:9.

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IV.

Any person convicted under RSA 173-B:9, III, or who has been convicted in another jurisdiction of violating a protective order enforceable under the laws of this state, who, within 6 years of such conviction or the completion of the sentence imposed for such conviction, whichever is later, subsequently commits and is convicted of one or more offenses involving abuse may be charged with an enhanced penalty for each subsequent offense as follows:

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(a)

There shall be no enhanced charge under this section if the subsequent offense is a class A felony or an unclassified felony;

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(b)

If the subsequent offense would otherwise constitute a class B felony, it may be charged as a class A felony;

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(c)

If the subsequent offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony;

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(d)

If the subsequent offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor;

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(e)

If the subsequent offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.

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V.

A victim of domestic violence shall be entitled to all rights granted to victims of crime under RSA 21-M:8-k. Source. 1999, 240:3. 2002, 79:1. 2003, 219:1, eff. Jan. 1, 2004.

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Source note

Source. 1999, 240:3. 2002, 79:1. 2003, 219:1, eff. Jan. 1, 2004.

Source history

  • 1999, 240:3
  • 2002, 79:1
  • 2003, 219:1, eff. Jan. 1, 2004

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

    enforcement agency and transmitted to the department of safety within 24 hours of the entry of such changes or modifications. 10 Violation of a Protective Order; Penalty. Amend RSA 173-B:9, III-IV to read as follows: III. A person shall be guilty of a class A misdemeanor if such person knowingly violates a protective order issued under this chapter, or RSA 458:16, III, RSA 461-A:10, or any foreign prote

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