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RSA 458:16 · Temporary Relief and Permanent Restraining Orders

Title
XLIII: DOMESTIC RELATIONS
Chapter
458 · ANNULMENT, DIVORCE AND SEPARATION
Status
current
Official source linked
Yes
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458:16 Temporary Relief and Permanent Restraining Orders. –

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I.

After the filing of a petition for divorce, annulment, separation or a decree of nullity, the superior court may issue orders with such conditions and limitations as the court deems just which may, at the discretion of the court, be made on a temporary or permanent basis. Temporary orders may be issued ex parte. Said orders may be to the following effect:

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(a)

Directing any party to refrain from abusing or interfering in any way with the person or liberty of the other party.

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(b)

Enjoining any party from entering the premises wherein the other party resides upon a showing that physical or emotional harm would otherwise result.

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(c)

Enjoining any party from contacting the other party at, or entering, the other party's place of employment or school.

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(d)

Enjoining any party from harassing, intimidating or threatening the other party, other party's relatives regardless of their place of residences, or the other party's household members in any way.

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(e)

Determining the temporary custody and maintenance of any minor children as shall be deemed expedient for the benefit of the children; provided, however, that no preference shall be given to either parent in awarding such custody because of the parent's sex.

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(f)

Ordering a temporary allowance to be paid for the support of the other.

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(g)

Enjoining any party from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, except in the usual course of business or for the necessities of life, and if such order is directed against a party, it may require such party to notify the other party of any proposed extraordinary expenditures and to account to the court for all such extraordinary expenditures.

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(h)

Ordering the sale of the marital residence provided that both parties have previously filed a written stipulation with the clerk of the court explicitly agreeing to the sale of the property prior to the final hearing on the merits. If the parties have not so stipulated, the sale of the marital residence shall not be ordered prior to the final hearing as long as the court deems the party residing within the marital residence to have sufficient financial resources to pay the debts or obligations generated by the property, including mortgage payments, taxes, insurance, and ordinary maintenance, as those debts and obligations come due.

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II.

(a) Ex parte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.

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(b)

No ex parte order shall be granted without:

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(1)

An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.

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(2)

A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.

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(c)

If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the superior court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the petition for divorce, annulment, separation or decree of nullity is filed.

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III.

When a party violates a restraining order issued under this section by committing assault, criminal trespass, criminal mischief, stalking, or another criminal act, that party shall be guilty of a misdemeanor, and peace officers shall arrest the party, detain the party pursuant to RSA 594:19-a and refer the party for prosecution. Such arrests may be made within 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of a peace officer. Source. RS 148:10. CS 157:10. GS 163:9. GL 182:9. 1887, 100:1; 103:1. PS 175:12. 1919, 39:1. PL 287:14. RL 339:14. 1949, 240:1. RSA 458:16. 1955, 262:3. 1967, 132:18; 259:1. 1971, 445:3. 1975, 426:1. 1992, 208:1. 1994, 259:12. 1996, 32:3. 2000, 258:1. 2002, 46:1; 79:2. 2004, 114:2, eff. May 17, 2004.

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Source note

Source. RS 148:10. CS 157:10. GS 163:9. GL 182:9. 1887, 100:1; 103:1. PS 175:12. 1919, 39:1. PL 287:14. RL 339:14. 1949, 240:1. RSA 458:16. 1955, 262:3. 1967, 132:18; 259:1. 1971, 445:3. 1975, 426:1. 1992, 208:1. 1994, 259:12. 1996, 32:3. 2000, 258:1. 2002, 46:1; 79:2. 2004, 114:2, eff. May 17, 2004.

Source history

  • 1887, 100:1; 103:1. PS 175:12
  • 1919, 39:1. PL 287:14. RL 339:14
  • 1949, 240:1. RSA 458:16
  • 1955, 262:3
  • 1967, 132:18; 259:1
  • 1971, 445:3
  • 1975, 426:1
  • 1992, 208:1
  • 1994, 259:12
  • 1996, 32:3
  • 2000, 258:1
  • 2002, 46:1; 79:2
  • 2004, 114:2, eff. May 17, 2004
  • RS 148:10. CS 157:10. GS 163:9. GL 182:9

Related materials

Bill relationships

  • 2026 HB1210 amend · effective 2027-01-01

    llocation in child support cases. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Child Tax Credit Allocation. Amend RSA 458:16-a by inserting after paragraph III the following new paragraph: III-a. A party ordered to pay child support in an annual amount greater than the amount of the federal tax credit for a dependent child or children shall be

  • 2026 HB1260 amend · effective 2027-01-01

    e marriage applicant's names and place of residence; and the date of the marriage ceremony. 13 New Sections; Annulment, Divorce, and Separation; Miscellaneous Provisions. Amend RSA 458 by inserting after section 51-a the following new sections: 458:51-b Confidentiality of Certain Divorce Records. I. For purposes of this section: (a) “Uncontested divorce” means a divorce proceeding in which b

  • 2026 HB1260-FN amend · effective 2027-01-01

    e marriage applicant's names and place of residence; and the date of the marriage ceremony. 13 New Sections; Annulment, Divorce, and Separation; Miscellaneous Provisions. Amend RSA 458 by inserting after section 51-a the following new sections: 458:51-b Confidentiality of Certain Divorce Records. I. For purposes of this section: (a) “Uncontested divorce” means a divorce proceeding in which b

  • 2026 HB1263 amend · effective 2026-07-01

    his section shall be subject to termination, suspension, or modification consistent with civilian retirement pay under this chapter. 5 New Paragraph; Property Settlement. Amend RSA 458:16-a by inserting after paragraph I the following new paragraph: I-a. Disposable military retirement pay shall be distinguished from military retirement benefits and shall not be considered marital property subject to di

  • 2026 HB1323 reference · effective 2027-01-01

    t include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C, a petition 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 Motio

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

    t include protective actions taken in good faith based on reasonable belief of abuse or neglect under RSA 169-C, a petition 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 Motio

  • 2026 HB1552 amend · effective 2027-01-01

    ed in a petition shall be referred to the department pursuant to this chapter. 3 New Paragraph; Domestic Relations; Orders of Protection; Perjury Statement Requirement. Amend RSA 458:16 by inserting after paragraph III the following new paragraph: IV. In exercising the power to issue temporary and permanent restraining orders pursuant to this section, the superior court shall require the non-advers

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

    ed in a petition shall be referred to the department pursuant to this chapter. 3 New Paragraph; Domestic Relations; Orders of Protection; Perjury Statement Requirement. Amend RSA 458:16 by inserting after paragraph III the following new paragraph: IV. In exercising the power to issue temporary and permanent restraining orders pursuant to this section, the superior court shall require the non-advers

  • 2026 HB1595 reference · effective 2027-01-01

    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 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. I

  • 2026 HB1595-FN reference · effective 2027-01-01

    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 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. I

  • 2026 HB1615 reference · effective 2027-01-01

    law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or a

  • 2026 HB1615-FN reference · effective 2027-01-01

    law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or a

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