Restraining Order Attorney in Rockingham County

Over 50 Years of Trial Experience Defending Respondents in New Hampshire Courts

A restraining order sets consequences in motion before you ever step into a courtroom. At the moment of service, law enforcement can confiscate your firearms and ammunition. You may be removed from your home, restricted from your workplace, and cut off from your children, all based on an ex parte application a judge granted without hearing your side. At Beaton & Kiers, PLLC, we represent respondents throughout Rockingham County who need an attorney working on their defense immediately.

Our attorneys bring over 50 years of combined trial experience in New Hampshire courts and have handled thousands of cases across criminal defense matters. We offer free in-person and virtual consultations, are available 24/7, and have Spanish-speaking staff on hand. When the stakes are this high and the timeline this short, you need counsel who is ready to move.

Call (603) 769-3491 or contact us online today for a free consultation. We work with clients in Rockingham and Strafford counties, and all around New Hampshire.

Two Types of Protective Orders in New Hampshire

New Hampshire recognizes two distinct categories of protective order, and which one applies to your situation shapes every aspect of the defense.

Domestic Violence Protective Orders (RSA 173-B)
A domestic violence protective order under RSA 173-B can only be sought against an intimate partner or a family or household member. To obtain one, the petitioner must establish three elements: the respondent committed or attempted to commit a qualifying criminal act, that conduct constitutes a credible present threat to the petitioner’s safety, and the parties share the required relationship. The credible present threat standard is critical. Past conduct alone, without evidence of a current danger, doesn’t satisfy it.

Stalking Orders (RSA 633:3-a)
A stalking order can be sought against any person, including strangers, coworkers, or neighbors. It requires proof of a course of conduct, meaning more than one isolated act, that would cause a reasonable person to fear for their safety. No specific relationship between the parties is required.

Both order types begin with an ex parte application, meaning a judge may grant the order without notifying the respondent first. Upon service of a domestic violence protective order, law enforcement confiscates the respondent’s firearms and ammunition on the spot. Firearm relinquishment under a stalking order may vary depending on the circumstances. In either case, no criminal conviction is required. That is why prompt legal response isn’t optional.

Sources of Evidence in Restraining Order Hearings

New Hampshire law requires that the facts alleged against the respondent be provided in advance of the hearing. While a petitioner may seek to supplement or amend the petition, RSA 173-B gives the respondent the right to respond to any new allegations before the hearing takes place. Our defense begins with a thorough review of every evidentiary source to identify what the petitioner can actually prove and where their case falls short.

Primary categories of evidence and how we approach each:

• Witness testimony. Testimony from the petitioner and any witnesses is central to most restraining order hearings. We scrutinize every account for internal inconsistencies and claims that can’t be corroborated. Testimony that shifts between the petition and the hearing carries significant weight against the petitioner’s credibility.
• Electronic communications. Text messages, emails, and social media posts must be authenticated before a court will admit them. That same authentication process can work in our client’s favor. Messages that contradict the petitioner’s account of fear or hostility, or that show the respondent acting in good faith, are equally admissible and can be decisive.
• Photographs and video. Visual evidence must clearly connect the respondent to the alleged incident to carry any weight. Footage that places our client elsewhere at the time of the alleged conduct is exculpatory and fully admissible. We look for both, regardless of who gathered it.
• Police reports and medical records. Official records add an impartial layer to any hearing. We review them carefully for discrepancies between what investigating officers documented and what the petitioner now alleges. Gaps between the two are a reliable source of reasonable doubt.