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New Hampshire Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Criminal Law for New Hampshire on
Q: Is reading Miranda rights mandatory in NH domestic violence arrests?

When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2025

The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Contracts, Personal Injury and Domestic Violence for New Hampshire on
Q: Need attorney review on settlement agreement for manufactured home.

I am entering into a settlement agreement in my Deceptive Trade Practices and Negligence case against the manufacturer and installer of a manufactured home I purchased in July 2024. My main concern is the release of claims, as it appears to favor the defendants. I want to ensure I am protected. The... View More

James L. Arrasmith
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answered on Oct 16, 2025

You should not accept a one-sided “global” release. Limit the release to claims you have or could have asserted against the manufacturer and installer through the effective date and arising from the purchase, installation, defects, and repairs; expressly exclude claims against non-parties... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for New Hampshire on
Q: Help with divorce and car access amid threats and need for pro bono support.

I've been separated from my husband since September 13th, and I am currently remaining in Albany for safety, although we live in New Hampshire. My husband, the registered owner of the car I rely on, plans to restrict my car use to medical appointments and visits with my kids in Buffalo if I... View More

James L. Arrasmith
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answered on Oct 4, 2025

What you’re describing sounds very frightening, and it’s important that your safety remains your top priority as you move forward. Since your husband’s actions involve controlling behavior and threats, you can take immediate steps to protect yourself while also preparing for divorce. Start by... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Hampshire on
Q: Can I be evicted from NH campground without warnings?

I am a seasonal camper at a New Hampshire campground and have been staying here since April 2025. Recently, I've been told to leave within seven days without any prior verbal or written warnings, as per their policy which states that there should be two warnings before an eviction on the third... View More

James L. Arrasmith
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answered on Sep 2, 2025

Campground evictions can be tricky because they often depend on the campground’s own policies as well as state landlord-tenant laws. If your agreement specifically says that two warnings must be given before an eviction, then management should be expected to follow those terms. Being told to... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Personal Injury for New Hampshire on
Q: What legal action can I take against harassment from my ex's boyfriend's new girlfriend?

I'm dealing with harassment from my ex's boyfriend's new girlfriend. Despite blocking her on all social media and her phone number, she keeps messaging me by creating new accounts and numbers. She sends texts bragging about their relationship, videos, and photos, and even damages my... View More

James L. Arrasmith
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answered on Aug 29, 2025

What you are describing goes beyond simple annoyance and falls into the category of harassment and possibly stalking. Since you have already gathered screenshots and other evidence, you are in a good position to show a pattern of unwanted and repeated behavior. Courts and law enforcement often take... View More

1 Answer | Asked in Domestic Violence, Divorce and Family Law for New Hampshire on
Q: Can I legally record my abusive spouse in NH without consent?

I live in New Hampshire and feel threatened by my spouse. I am unable to leave at the moment and experience daily harassment, false accusations, insults, manipulation, and belittling from him. He refuses to help with our children and falsely accuses me of neglect. When I confront him, he calls me... View More

James L. Arrasmith
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answered on Jul 10, 2025

I'm really sorry you're going through this. You’re in a frightening and difficult situation, and wanting to protect yourself and gather evidence is entirely understandable.

New Hampshire is a “two-party consent” state when it comes to recording conversations. That means... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for New Hampshire on
Q: What constitutes stalking and harassment for a restraining order in NH?

I am seeking a restraining order in New Hampshire against the office manager of my 55+ manufactured home park due to repeated harassment and stalking incidents occurring on April 9, May 21, and June 13, 2025, while I was retrieving my mail. The office manager followed me, confronted me in the... View More

James L. Arrasmith
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answered on Jul 6, 2025

Under New Hampshire law, stalking is defined as a repeated course of conduct directed at you that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. This can include following you, appearing at your home uninvited, or sending unwanted messages or... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Domestic Violence for New Hampshire on
Q: Can I sue someone falsely claiming to be my landlord for distress and PTSD?

I want to sue someone who's been acting as my landlord for distress and PTSD. Recently, a judge dismissed an eviction case they filed against me, citing they don't own the property. I feel I'm being unfairly targeted due to my race and as a single mother struggling with rent.... View More

James L. Arrasmith
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answered on Mar 27, 2025

You may have grounds for a lawsuit against someone falsely representing themselves as your landlord, especially since a judge has already recognized they don't own the property. This deception could potentially support claims for fraud, misrepresentation, intentional infliction of emotional... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Domestic Violence for New Hampshire on
Q: Is non-physical harassment through security cameras illegal between neighbors?

I am dealing with sporadic harassment and intimidation from my neighbor who has a mental illness. This occurs whenever they have an episode, and they often stand outside my house and behave aggressively through my security camera. Despite reporting these incidents to the police and attempting to... View More

James L. Arrasmith
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answered on Mar 24, 2025

Harassment through security cameras can indeed be illegal, even without physical contact. What you're describing could qualify as stalking, intimidation, or harassment under many state laws. The behavior creates a reasonable fear for your safety, and the fact that it's captured on camera... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for New Hampshire on
Q: What is the best course of action to take when someone applied for a restraining order with lies?

I’m almost positive that it’s going to be thrown out but it’s already been shared with friends to make it look like I can’t be trusted. I already went and got an earlier court date and it was approved. I am terrified that I am going to run into her and she’s going to report it. I don’t... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 13, 2025

You should consult with a local lawyer who handles DV cases.

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for New Hampshire on
Q: I was charged with a simple domestic assault charge a couple months ago, and just got caught attempting to steal food

My court papers say that if I’m charged with any federal or misdemeanor crimes within the next 2 years than it’s a mandatory 30 days in jail. I was caught in hannaford with 50$ worth of items for my family and got caught, and I have a court hearing for the case 2 months from now. I’m the only... View More

Leonard D. Harden
Leonard D. Harden
answered on Aug 30, 2021

There is always a chance. Your best bet is to contact a competent defense lawyer in your area. If you qualify for a public defender request an attorney. Do not try to handle this on your own. A suspended sentence is not imposed until a final order from a court. Do not discuss case with anyone... View 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... View 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?... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for New Hampshire on
Q: On June 22 my nephew came into my home, I asked if he was armed. He refused to answer. He did say I should be afraid of

My nephew and his wife were going to lease my house but because of a disagreement with the pet section of the lease, he, his wife and his father came to my house on June 22. When I told them that the pet section was clearly written, they began to swear and yell at me. As this melee escalated, I... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 24, 2020

I am not sure I heard a question. It seems more like a statement. It also appears as though you are concerned about your safety and if you think a crime has occurred you may want to report it to the police.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for New Hampshire on
Q: my ex girlfriend was just arrested for domestic violence against her mother, can I get full custody of my son?

I have primary custody of my 6 year old son and my ex girlfriend has visitation 3 weekends a month. My ex girlfriend lives with her mother and was just arrested for becoming belligerent and throwing things through windows. My friend lives next door to her and has also said that she believes my ex... View More

Amy C. Connolly
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Amy C. Connolly
answered on May 30, 2018

You can file an ex parte motion to temporarily prevent parenting time with the mother so long as you can show that your son will suffer irreparable harm or injury if the relief requested is not granted. You would file this motion by going to the family court where your parenting plan was issued.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Hampshire on
Q: I want to move out of state from an abusive father of my 8 year old. What are my options?
Amy C. Connolly
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Amy C. Connolly
answered on May 30, 2018

You should report the abuse to DCYF and obtain a protective order. You should seek court approval prior to moving out of state.

1 Answer | Asked in Criminal Law and Domestic Violence for New Hampshire on
Q: in nh during a child abuse case if someone is called in for questioning do they have to go in willingly

Meaning the alleged perpetrator.... not jist a witness

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

It would depend on the person's relation to the allegation. If someone is simply an alleged witness to the allegation then you would not have to speak to anyone if you did not want to. If it eventually arises to a criminal charge then a subpoena could be issued for a trial, but lawyers and... View More

1 Answer | Asked in Domestic Violence for New Hampshire on
Q: In NH, a protection order is placed. Defendant is at a restaurant and victim walks in after. Who has to leave?
Joseph Caulfield
Joseph Caulfield
answered on Dec 8, 2015

Courts generally rule that the defendant must leave.

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