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New Hampshire Questions & Answers
1 Answer | Asked in Family Law for New Hampshire on
Q: We have joint custody and ex husband is moving over 950 miles away in 2 weeks. What are my rights?
Joseph Caulfield
Joseph Caulfield answered on Jun 8, 2021

If you object, he would have to seek the court’s permission

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for New Hampshire on
Q: Is it legal in NH to record a verbally abusive neighbor from an apartment hallway without their knowledge.

My upstairs neighbor is extremely verbally abusive and has physically threatened her kids and me. I want to make it clear to the property management company how bad it is and want to record her from the hallway. NH is a two party consent state but the law seems to be written around direct... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 5, 2021

NH is a consent recording state, but if the person is yelling so loudly that it can be heard in a public place then I would agree they have no expectation of privacy. It seems like you could record from your own apartment or the hallway, do not amplify or use any device to enhance the sound.

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: If my son had his friend over and the friend stole a hand gun out of a lock box what could we be charged with.

The friend has changed his story 3 times already from saying my son gave them to him to he bought them from him or jumped him and took them

Leonard D. Harden
Leonard D. Harden answered on Jun 5, 2021

It is impossible to know if any charges could be brought without more information. You should contact a defense attorney and provide more background.

It is always a good idea not to provide any statement to the police, indicating you have nothing to say is a good idea in almost all scenarios.

1 Answer | Asked in Products Liability and Medical Malpractice for New Hampshire on
Q: Case dismissed SOL in Mass Tort. Can I file Product liability in NH where no sol applies for failure to warn.

NH 507-D3

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A New Hampshire attorney could probably advise best here, but your post remains open for four weeks. If you are currently represented by an attorney in the matter, discuss the dismissal in further detail with them. Additionally, since you mention mass tort, those cases sometimes span multiple... Read more »

1 Answer | Asked in Family Law and Sexual Harassment for New Hampshire on
Q: Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call
Andrew S. Winters
Andrew S. Winters answered on May 18, 2021

Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that... Read more »

2 Answers | Asked in Trademark for New Hampshire on
Q: I have a newly created motorcycle group with a name and patch. Is it best to trademark or copywrite?

This group is truly a group and not considered a motorcycle club. We have documented bylaws and an executive board who holds titles and positions. We are attempting to protect the name and image of the patch but want to know if it is better to trademark or copywrite.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

Probably both.

definitely a trademark, you should consult with an attorney as soon as you can.

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1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... Read more »

Albert Hansen
Albert Hansen answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is there any exceptions when it comes to carrying a knife for a convicted felon? Size of knives or multi tool knives?

I have no violent felony’s but I have a felony drug possession charge. I live in New Hampshire

Leonard D. Harden
Leonard D. Harden answered on Apr 19, 2021

The answer is really based on the definition of a deadly weapon found in RSA 159:3

159:3 Convicted Felons. –

I. A person is guilty of a class B felony if he:

(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot,...
Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Hampshire on
Q: For a minor dog bite in New Hampshire how do I go about filing a lawsuit? I did go to the hospital

It required no stitches, but it was bad enough that I will have a permanent scar for the rest of my life. I went to the hospital, they cleaned it and gave me antibiotics. I had to revisit the ER a couple weeks later because it wasn’t getting any better, but eventually healed up after a long... Read more »

Neil Nicholson
Neil Nicholson answered on Apr 16, 2021

The process to file a lawsuit in NH can be found by looking at the NH Judicial Branch website. The rules in Superior Court can be found here: https://www.courts.state.nh.us/rules/supercr-new/index-new.htm

NH dog bite law is favorable towards victims. The facts you provide support that you...
Read more »

4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Apr 13, 2021

The exceptions to discharge are listed in Section 523 of the Bankruptcy Code.

Subsection 523(a) excepts debts incurred for-

"6) for willful and malicious injury by the debtor to another entity or to the property of another entity";

"(9) for death or personal...
Read more »

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1 Answer | Asked in Criminal Law for New Hampshire on
Q: 2021 What is the law in NH for a person with a 25 year old felony owning a bow and using it for hunting in NH?
Andrew S. Winters
Andrew S. Winters answered on Apr 3, 2021

If the person has a felony on his or her record then he can't possess a dangerous weapon. It doesn't matter how old the felony is.

Whether a bow and arrow is considered a dangerous weapon depends on if it is "used, intended to be used, or threatened to be used, is known to...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: I was offered shares of a company as part of my hiring package. Employment has been terminated, are my rights forfeited?

They said at the separation that my RSUs would be forfeited, but this was not part of the agreement and the hiring package offered. There was zero mention or documentation of forfeiture and now they are trying to get me to sign this paperwork.

Carrie Dyer
Carrie Dyer answered on Mar 31, 2021

RSUs must vest before you can receive the underlying shares. Vesting schedules are often set to occur over time, so you would need to be employed at the company for a certain period of time before all or some of the RSUs vest. Termination of your employment usually stops the vesting, but this is... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: We filed chapter 7 bankruptcy on 2/23/2021. We have 4 kids and got the 3rd stimulus. Can trustee take our stimulus?

since we filed before stimulus was approved is there a way to protect the money from being taken. My husband is going back and forth from working and being laid off as he's a union construction worker. he just got laid off again today. our trustee meeting is Tuesday. this money would help keep... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Mar 19, 2021

When you file a Ch. 7 bankruptcy case, a "curtain" drops on that date, and your bankruptcy "estate" includes whatever property (less your exempt property) you have on that date, and same end date applies to your debts. Income earned and assets acquired after your filing date... Read more »

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1 Answer | Asked in Uncategorized for New Hampshire on
Q: re: Patent # 4,206,367 How can we find any uses of this patent and by whom?
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

Your question remains open for three weeks. Sometimes questions do go unanswered, but you could try reposting under the Patents (Intellectual Property) section; you might have better chances for a response there. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents for New Hampshire on
Q: I live in NH in an auto accident other party 100% responsible do I take the med pay or will it stop med expense

The med pay is from my insurance can i still get medical bills paid by other driver we have same company

I want to go through her policy for medical

But the insurance company sent me this $1000 check on my med policy should i use it for my copays? I don’t want it to prohibit me... Read more »

Daniel McKenna
Daniel McKenna answered on Feb 24, 2021

Yes, you can use the med pay check to cover your copays. Using med pay to cover your copays will not prevent you from seeking compensation for your medical bills, lost earnings, or other damages from the other insurance company. Using the med pay will allow you to avoid out of pocket expenses while... Read more »

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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I get in trouble for throwing away trash in the trash can of a public business?

Not boxes or big trash bags, usually trash and wrappers from my lunch or trash I accumulated in my car like water bottles

Tim Akpinar
Tim Akpinar answered on Feb 8, 2021

A New Hampshire attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, some states consider it a misdemeanor, some equating it to theft of services or something along those lines. Whatever the case, it would be best to hold on to the trash until you got to... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire on
Q: Good behaviour

Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... Read more »

Andrew S. Winters
Andrew S. Winters answered on Feb 8, 2021

I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for New Hampshire on
Q: can a judge tell a married couple that they cannot be together. agaist there will, nothing to do with the case....

the only reason is because they are addicts. This cant be legal!

Leonard D. Harden
Leonard D. Harden answered on Jan 4, 2021

If you and your spouse are facing criminal charges, a condition of bail can be no contact. It could also be imposed on many assault type cases involving domestic violence. In short a judge can in fact prevent contact between spouses, children or anyone.

1 Answer | Asked in Employment Law for New Hampshire on
Q: How long can an employer not pay you whats owed after a lay off?

I was laid off November 14th but was never paid for the last two weeks I worked. I was also never paid my vacation days or per diem that is owed to me. I have contacted HR and my former manager about this but have not received any response. I was told by another employee that they were on vacation... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 16, 2020

Some states have a minimum period of time that needs to pass before you can bring any action for lost wages. However, if you worked those hours, you are entitled to at least your state's minimum wage for those hours worked, along with any overtime you worked during the two week period if you... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: My daughter got pregnant and found out after the fact that the father is an illegal alien.

He has not paid child support in NH since the baby was born and refuses to. My daughter filled out the forms for the state for support, however, they said that since his address is not listed with the post office with regards to him living there, that they can't serve him with papers. He... Read more »

Andrew S. Winters
Andrew S. Winters answered on Dec 5, 2020

If he can't be located your daughter could use the sheriff or professional service process firm to locate and serve him. Alternatively, in some cases a court will allow service by notice through a publication, like a newspaper or even social media. However, they will only. do so if you show... Read more »

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