Stalking is an offense that is taken very seriously in New Hampshire. Not only can a criminal conviction for stalking result in monetary fines and jail time, but it can also result in the alleged victim obtaining a civil stalking protection order — this can impact your reputation and standing in the community for years to come. If you’ve been charged with this crime or served with a civil stalking protection order, it’s crucial to have a skillful criminal defense attorney on your side who can protect your rights and fight the charges against you.

What is a Stalking Protection Order?

A stalking protection order is a court-issued order that is designed to protect a person who has been stalked. In New Hampshire, a stalking protective order is a civil order, rather than a criminal one. Unlike orders of protection for domestic violence which can only be obtained against an intimate partner, a stalking protective order can be sought against anyone — there does not need to be a pre-existing relationship or history of abuse.

Stalking is generally considered a pattern of malicious conduct aimed at a specific person that causes them fear or apprehension. Under New Hampshire law, RSA 6333-a, a person commits the criminal act of stalking if they:

Purposely, knowingly, or recklessly engaged in a course of conduct that targets a specific person and such conduct would cause a reasonable person to fear for their personal safety or the safety of a family member — and the person is actually placed in such fear; or
Purposely or knowingly engaged in a course of conduct toward an individual that they know will cause that person to fear for their personal safety or the safety of a family member; or
Engaged in a single act that violates a protective order that is in place.

A “course of conduct” under New Hampshire law means two or more acts committed over a period of time, regardless of how short.

What Acts Constitute Stalking in New Hampshire?

There are a wide range of actions and behaviors that can constitute stalking in New Hampshire. Specifically, these acts are set forth in RSA 633:3-a II (a), and can include the following:

Threatening the safety of the targeted person
Following, approaching, or confronting the targeted person
Appearing near or entering the person’s home, place of work, school, or any other place the person may be found
Causing damage to the person’s home or property
Placing on object on the person’s property
Causing injury to the person’s pet
Engaging in any act of communication

The above acts also apply to those aimed at the targeted person’s immediate family members. Under the law, “immediate family” refers to the targeted person’s parent, stepparent, child, stepchild, sibling, spouse, grandparent, or anyone with whom the targeted person was in an intimate relationship.

What are the Penalties for the Crime of Stalking in New Hampshire?

The penalties for the criminal offense of stalking are serious in New Hampshire. Depending on the facts and circumstances of the case, stalking can result in either felony or misdemeanor charges. A first-time offender would be charged with a Class A misdemeanor. This offense carries a penalty of one year in jail and a $2,000 fine upon conviction.

If an individual commits a second or subsequent stalking offense within seven years, they can be charged with a Class B felony. The penalties are much more severe in this case than a Class A misdemeanor. In New Hampshire, a Class B felony conviction can result in three and a half to seven years in jail and a $4,000 monetary fine.

How Does a Person Obtain a Stalking Protection Order?

In order to obtain a civil stalking protection order in New Hampshire, the alleged victim must file a petition with the court and serve it on the defendant. A hearing is typically scheduled within 30 days of the filing date, and a temporary order may be put into place during the interim period. While the rules of evidence are relaxed when it comes to these types of hearings, the judge will consider any evidence they deem to be relevant. Both parties can testify and raise evidence that supports their position at the hearing.

Importantly, the alleged victim seeking a civil stalking protection order must prove their case by a preponderance of the evidence. The “preponderance” burden of proof is a much lower burden to meet than the standard of “beyond a reasonable doubt” in criminal court. It means that the alleged victim must demonstrate that it is more likely than not that the defendant committed the act of stalking. In addition, they must show that they gave the defendant sufficient notice that the conduct was unwanted.

What Should You Do if You’ve Been Served with a Stalking Order of Protection?

If you’ve been served with a stalking order of protection, it’s important that you read and understand the papers served on you to avoid inadvertently violating the order. They will inform you what you can and cannot do.

Critically, the papers will also provide information about the court hearing date. Even if you disagree with the accusations, it’s crucial to appear before the judge to tell them your side of the story. You have the right to dispute any of the claims made against you. In the event you do not appear, the court may grant the protective order against you based on the other party’s claims.

It’s best to have the representation of a knowledgeable criminal defense attorney to help ensure your rights are protected as the case proceeds through the court system. They can challenge the claims made by the person who filed the petition for the order, raise evidence that will support your case, and provide a solid defense.

Contact an Experienced New Hampshire Criminal Defense Attorney

If you’ve been served with a stalking protection order, it’s vital to have a skillful criminal defense attorney by your side who can fight the charges against you. Offering committed counsel and reliable representation, the attorneys at Beaton & Kiers provide a dedicated defense to clients throughout New Hampshire who have been accused of a wide range of crimes, including stalking. To learn more about how we can help, contact us to schedule a consultation.