Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 461-A:9 · Ex Parte Orders

Title
XLIII: DOMESTIC RELATIONS
Chapter
461-A · PARENTAL RIGHTS AND RESPONSIBILITIES
Status
current
Official source linked
Yes
Official source Copy section link

461-A:9 Ex Parte Orders. –

Copy link
I.

After the filing of a petition concerning a minor child under this chapter, the court may issue ex parte temporary orders. 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 or loss will result to the applicant or the child before the adverse party or attorney can be heard in opposition.

Copy link
II.

No ex parte order shall be granted without:

Copy link
(a)

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

Copy link
(b)

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.

Copy link
III.

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 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.

Copy link
IV.

Ex parte orders may include the following terms:

Copy link
(a)

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

Copy link
(b)

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

Copy link
(c)

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

Copy link
(d)

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

Copy link
(e)

The temporary allocation of parental rights and responsibilities of any minor children as provided in RSA 461-A:6. Source. 2005, 273:1, eff. Oct. 1, 2005.

Copy link

Source note

Source. 2005, 273:1, eff. Oct. 1, 2005.

Source history

  • 2005, 273:1, eff. Oct. 1, 2005

Related materials

Bill relationships

  • 2026 HB1378 reference

    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 provider has deter

  • 2026 HB1595 amend · effective 2027-01-01

    violence scenarios, including the development of standardized forms that the officers shall be required to use. 13 Parental Rights and Responsibilities; Ex Parte Orders. Amend RSA 461-A:9, II to read as follows: II. No ex parte order shall be granted without: (a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party; and[.]

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

    violence scenarios, including the development of standardized forms that the officers shall be required to use. 13 Parental Rights and Responsibilities; Ex Parte Orders. Amend RSA 461-A:9, II to read as follows: II. No ex parte order shall be granted without: (a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party; and[.]

  • 2026 HB1615 reference · effective 2027-01-01

    rning 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 approval unl

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

    rning 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 approval unl

  • 2026 HB1781 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 461-A by making the following changes to child support laws. The bill: Removes the portion of the statute that caps child support at two months after a child’s 19th birthday, replacing it with a cap at 22 years old; Provide

  • 2026 HB1781-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 461-A by making the following changes to child support laws. The bill: Removes the portion of the statute that caps child support at two months after a child’s 19th birthday, replacing it with a cap at 22 years old; Provide

  • 2026 HB709 reference · effective 2026-07-01

    ld resides or where such parent pays property or school district taxes, provided such parent resides in New Hampshire. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child's legal residence [for school attendance purposes] may be the school district in which either parent resides or pays property or school district taxes, provided such parent resides in New Hampshire, and provide

  • 2026 HB709-FN reference · effective 2026-07-01

    ld resides or where such parent pays property or school district taxes, provided such parent resides in New Hampshire. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child's legal residence [for school attendance purposes] may be the school district in which either parent resides or pays property or school district taxes, provided such parent resides in New Hampshire, and provide

Opinions and discipline decisions mentioning this RSA