How to File a Restraining Order in New Hampshire

TL;DR:
Filing a protective order in New Hampshire is free through Circuit Court, but civil restraining orders may require a fee or waiver.
A judge can issue a temporary order the same day if the petition shows immediate danger, effective upon service to the defendant.
Effective evidence must include specific incidents and documented communications; vague concerns are insufficient for court grant.

To get immediate protection in New Hampshire, file a petition at your local Circuit Court and ask the judge for a temporary ex parte order. Filing for a domestic violence or stalking protective order costs nothing through the New Hampshire Judicial Branch. Civil restraining orders filed in Superior Court may carry a filing fee, though a waiver is available if you cannot afford it.

If you are in danger right now, act on these steps before anything else:

Call 911 if you are in immediate danger or need an Emergency Order of Protection outside of court hours.
Gather your ID and any evidence you have on hand: screenshots, photos, police report numbers.
Go to your nearest Circuit Court clerk’s window during business hours, or contact a local crisis center for remote filing support.

“If you need an order of protection during non-business hours, nights, weekends, or holidays, you may call your local police department to obtain an Emergency Order of Protection.”
— New Hampshire Judicial Branch

A judge will review your petition, often without the defendant present, and may issue a temporary order the same day if the facts show immediate danger. That temporary order becomes enforceable the moment it is served on the defendant.

How to file a restraining order in New Hampshire: step-by-step
Which forms and documents do you need to bring?
What types of protective orders are available in New Hampshire?
What evidence does the court expect from you?
How do temporary (ex parte) orders work, and when do they take effect?
What should you expect at the final hearing?
What does it cost to file a protective order in New Hampshire?
Where can you find immediate safety support and local resources?
How to prepare for your hearing: documents, witnesses, and courtroom conduct
What happens if the order is violated, and how can you modify or renew it?
When should you call an attorney or advocate?
Key Takeaways
What courts and attorneys know that most petitioners don’t
Narolaw is ready to help you through this process
Official sources and forms to bookmark

How to file a restraining order in New Hampshire: step-by-step

The process moves faster when you know exactly what to do at each stage. Follow these steps in order.

Attend the final hearing — The court schedules a hearing within 30 days of filing or within 10 days after service, whichever is later.

Where to file

Domestic violence and stalking petitions: — file at the family or district division of the Circuit Court in the county where you live or where the defendant lives.
Civil restraining orders: — file in Superior Court in the county where either party lives.

You can find clerk contact information and court locations through the New Hampshire Judicial Branch contact page.

Which forms and documents do you need to bring?

Having the right paperwork ready before you reach the clerk’s window saves time and reduces the chance of delays.

Core forms

Domestic Violence Petition packet — (for RSA 173-B orders): includes the petition, Domestic Violence Confidential Information Sheet, and Defendant Information Sheet for Law Enforcement. Available at any Circuit Court or on the Judicial Branch domestic violence forms page.
Complaint for Restraining Order — (civil restraining order): filed in Superior Court; submit the original plus copies along with the filing fee or a fee waiver application.

Documents to bring

Valid government-issued photo ID
Copies of evidence: screenshots of texts or social media messages, photos of injuries or property damage, police report numbers or copies
Contact information for any witnesses
The defendant’s current address and workplace (needed for service)
Any existing court orders involving the defendant
A list of firearms the defendant owns, if relevant

Pro Tip: If you are staying at a domestic violence shelter, do not write the shelter’s street address on your petition. Use a PO Box or ask the clerk about confidentiality options to keep your physical location private.

Clerks will administer your oath and accept the filing, but they cannot help you decide what to write. If you are unsure how to describe your situation on the form, a crisis center advocate or an attorney can help you structure the narrative before you file.

What types of protective orders are available in New Hampshire?

New Hampshire offers three distinct paths depending on your relationship with the defendant and the nature of the conduct. Choosing the right one affects where you file, what protections you receive, and whether any fees apply.

Civil restraining order: — The right choice when no criminal law has been broken or when you prefer not to pursue criminal charges. Filed in Superior Court using the Complaint for Restraining Order form. A filing fee applies, though a waiver is available. Sheriff service fees vary by county.

Protective orders under RSA 173-B and RSA 633:3-a carry enforcement mechanisms — including firearm relinquishment and interstate enforcement — that civil restraining orders may not. Choosing the correct statute matters for the scope of protection you receive.

Harassment is separately defined under RSA 644:4, and conduct that meets that definition may support a stalking petition if it also constitutes a course of conduct causing fear. For a deeper comparison of these categories, Narolaw’s guide on domestic violence vs. protection orders in NH walks through the statutory distinctions in plain language.

What evidence does the court expect from you?

Judges in New Hampshire require specific, factual allegations. A petition that describes vague concerns or general fear without concrete incidents will not support a temporary order. The court needs to see a pattern or a specific act that demonstrates immediate danger.

Effective evidence includes:

Dated text messages, emails, or social media messages showing threats or harassment
Photos of physical injuries, damaged property, or unwanted contact
Police reports or incident numbers from prior calls
Witness names and contact information
Phone call logs showing repeated unwanted contact
A written timeline of incidents with dates, times, and locations

Organize your evidence before you file. Attach a short written narrative or affidavit to the petition that lists incidents in chronological order. Bring originals and at least two copies of everything.

Pro Tip: The defendant receives a copy of everything you write in the petition. Keep your language factual and specific. Avoid speculation about the defendant’s motives. Dates, descriptions, and direct quotes from messages carry far more weight with a judge than characterizations of intent.

The New Hampshire Judicial Branch’s domestic violence protocols confirm that judges consider specific acts, property damage, and communications — and are not permitted to issue orders based on vague concerns alone.

How do temporary (ex parte) orders work, and when do they take effect?

A temporary order is the court’s immediate response to your petition. The judge reviews it, usually the same day you file, without the defendant present. That review is called an ex parte proceeding.

The judge has three options after reviewing your petition:

Issue a temporary protective order based on the petition alone
Schedule a hearing without issuing a temporary order
Dismiss the petition if it does not meet the legal standard

A temporary order becomes effective only when it is served on the defendant in person by a peace officer or sheriff’s deputy. Until service occurs, the order cannot be enforced.

What happens after filing

You file the petition and take your oath at the clerk’s window.
The clerk presents the petition to a judge for same-day review.
If a temporary order is granted, the court prepares the order documents, including the Defendant Information Sheet for Law Enforcement.
Law enforcement arranges service. For domestic violence and stalking orders, this is typically done at no charge.
Once served, the temporary order is in effect and a final hearing is scheduled.

Accurate defendant contact information is critical at this stage. The Defendant Information Sheet for Law Enforcement is what officers use to locate and serve the defendant. An incorrect address delays service and delays your protection. For more detail on how emergency and final orders differ, Narolaw’s guide on emergency vs. final restraining orders in New Hampshire covers the procedural sequence clearly.

What should you expect at the final hearing?

The final hearing is your opportunity to present your full case. Both you and the defendant can appear, present evidence, and call witnesses. The judge is not strictly bound by technical rules of evidence in protective order hearings, which means the proceeding is somewhat more flexible than a standard trial, but the burden of proof still rests with you.

Typical timeline:

The court schedules the hearing within 30 days of filing or within 10 days after the defendant is served, whichever date is later.
Either party may request a 10-day extension for good cause.
If you do not appear, the petition may be dismissed. If the defendant does not appear after being properly served, the judge may proceed and grant the order.

Preparing for the hearing:

Bring your petition copy, all evidence, and a written timeline.
Prepare a brief, factual statement covering the key incidents in chronological order.
Notify your witnesses of the hearing date and time.
Request any safety accommodations (separate waiting areas, remote testimony) from the clerk before the hearing date.

Possible outcomes: The judge may grant a final protective order, modify the terms of the temporary order, deny the petition, or continue the hearing to a later date.

Pro Tip: Request specific protections at the hearing rather than asking for a general order. If you need the defendant to stay away from your workplace, your children’s school, or a specific address, name those locations explicitly. Judges can only order what you ask for.

What does it cost to file a protective order in New Hampshire?

The cost depends on which type of order you are filing.

Civil restraining orders (Superior Court): — A filing fee applies. If you cannot afford it, you may file an application to waive the fee at the time of filing.

Filing a domestic violence or stalking protective order costs nothing. The fee barrier applies only to civil restraining orders in Superior Court, and even that can be waived.

For the current Superior Court fee schedule or questions about the waiver process, contact the New Hampshire Judicial Branch call center or ask the clerk at your local courthouse. Fee schedules are also posted on the New Hampshire Judicial Branch website.

Where can you find immediate safety support and local resources?

Filing a petition is one part of staying safe. The steps you take before and after filing matter just as much.

Immediate safety steps

Call 911 if you are in danger now.
Stay with a trusted friend, family member, or at a shelter until the order is served.
Preserve all evidence: do not delete messages or photos.
Change your locks when it is safe to do so.
Create a safety plan with a crisis center advocate.

New Hampshire resources

NH Coalition Against Domestic and Sexual Violence: Connects you to one of twelve regional crisis centers statewide. Crisis center advocates can assist with remote electronic filing of domestic violence and stalking petitions until 3:00 PM on court business days.
New Hampshire Legal Aid (NHLA): Provides free civil legal services to qualifying low-income residents, including help with protective order petitions.
Local police non-emergency lines: For situations that are serious but not immediately life-threatening, your local department can document incidents and, outside court hours, issue an Emergency Order of Protection.
National Domestic Violence Hotline: 1-800-799-7233, available 24 hours a day.

Pro Tip: Store copies of your evidence somewhere the defendant cannot access, such as a cloud account with a new password or a USB drive kept at a trusted person’s home. If you are using shelter services, ask the advocate about address confidentiality programs that can protect your location from public records.

How to prepare for your hearing: documents, witnesses, and courtroom conduct

Walking into the hearing organized and calm gives you the best chance of presenting your case clearly. Preparation is straightforward when you know what to bring and what to expect.

What to bring

A copy of your filed petition and any temporary order already issued
Your written timeline or affidavit with specific dates and incidents
Copies of all evidence: screenshots, photos, police reports, medical records if relevant
Witness names and contact information (notify them of the date in advance)
Valid photo identification
A notepad for notes during the hearing

Courtroom conduct

Arrive early and check in with the clerk.
Speak directly to the judge, not to the defendant.
Keep your narrative factual, specific, and brief. Judges appreciate clarity.
Allow the judge to finish questions before responding.
If you need a continuance, request it as early as possible and explain the reason.

Pro Tip: Before you file, ask the clerk about address redaction and confidentiality options. If your home address appears on the petition and the defendant receives a copy, that information becomes known. Clerks can advise on how to protect sensitive address details from the public record.

Safety accommodations such as separate waiting areas, a support person in the courtroom, or remote testimony options are available at many Circuit Court locations. Request them from the clerk before your hearing date.

What happens if the order is violated, and how can you modify or renew it?

A protective order is only as effective as its enforcement. If the defendant violates the order, you have clear legal options.

Call police immediately to report any violation. Officers can arrest the defendant for violating a protective order without a warrant in many circumstances.
Preserve evidence of the violation: save messages, take photos, note the date, time, and any witnesses.
File a Motion for Contempt at the court that issued the order if law enforcement does not resolve the situation. The clerk’s office can provide the correct form.

Modifying or renewing an order

File a motion to modify or extend at the same court that issued the order before it expires.
Bring documentation showing why the modification or extension is warranted.
The court will schedule a hearing on the motion.

A protective order issued under RSA 173-B or RSA 633:3-a is enforceable across state lines under federal law (the Violence Against Women Act). If you move or the defendant crosses state lines, the order remains valid and local law enforcement in the new state is required to honor it.

For questions about your legal rights under a restraining order in New Hampshire, including what conduct the order covers and how violations are prosecuted, that resource covers the statutory framework in detail.

When should you call an attorney or advocate?

You can file a petition on your own, and many people do. But certain situations make legal representation worth pursuing before you file.

The defendant has already hired an attorney.
The facts are complex: multiple incidents over a long period, overlapping criminal charges, or firearms are involved.
You are also seeking custody arrangements, removal of the defendant from a shared home, or other remedies tied to the protective order.
A prior petition was denied and you are refiling.
You are unsure which type of order fits your situation.

An attorney helps you structure the petition narrative to match the statutory criteria the judge will apply, prepares witnesses for the hearing, drafts motions, and represents you in court. Advocates from crisis centers provide similar support for the filing stage, though they do not represent you at the hearing the way an attorney does.

Pro Tip: Even a single consultation before you file can prevent common mistakes: vague incident descriptions, missing the correct court, or requesting remedies the chosen order type cannot provide. The benefits of legal representation in family law cases are especially pronounced when the opposing party has counsel.

This is general information, not legal advice. For guidance specific to your situation, consult a qualified New Hampshire attorney or contact a licensed legal aid organization.

Key Takeaways

Filing a domestic violence or stalking protective order in New Hampshire costs nothing, starts at any Circuit Court, and can result in a temporary order the same day you file if the petition shows immediate danger.

Point	Details
No fee for most orders	Domestic violence and stalking protective orders carry no filing fee through the Judicial Branch; civil restraining orders in Superior Court may require a fee, with a waiver available.
File at Circuit Court	Domestic violence and stalking petitions go to the Circuit Court where you or the defendant lives; civil restraining orders go to Superior Court.
Temporary order timeline	A judge reviews your petition the same day; the final hearing is scheduled within 30 days of filing or 10 days after service, whichever is later.
Evidence must be specific	Judges require dated incidents, descriptions, and documented communications — vague concerns alone will not support an order.
Narolaw can help	Narolaw offers consultations and representation for protective orders, contested hearings, and related family law matters throughout New Hampshire.

What courts and attorneys know that most petitioners don’t

Most people filing a protective order for the first time assume the hardest part is getting to the courthouse. The harder part is writing a petition that gives the judge enough factual detail to act on the same day.

Courts in New Hampshire are genuinely designed to move quickly on these petitions. The ex parte process exists precisely because waiting for a scheduled hearing can leave someone in danger. But that speed depends entirely on the quality of what you put on paper. A petition that lists three specific incidents with dates, locations, and direct quotes from threatening messages will almost always outperform one that describes a general pattern of fear without concrete examples.

The other thing that catches people off guard is the defendant’s access to the petition. Everything you write becomes a document the defendant reads. That does not mean you should soften the facts — you should not. It means you should be precise and factual rather than interpretive. Judges respond to what happened, not to characterizations of what the defendant is like as a person.

Advocates and attorneys improve outcomes not by adding drama to the narrative, but by removing the vagueness that gives a judge reason to hesitate. If you are navigating this process alone, treat the petition the way a reporter would treat a story: who, what, when, where, and exactly what was said or done.

Narolaw is ready to help you through this process

Facing a protective order filing while managing your own safety is genuinely difficult. Narolaw is a New Hampshire-based legal practice that handles protective order petitions, contested hearings, enforcement motions, and related family law matters throughout the state. The firm’s attorneys help clients structure petitions that meet the court’s factual standards, prepare for final hearings, and pursue contempt or modification proceedings when circumstances change.

If your situation involves overlapping custody concerns, criminal charges, or a defendant who has already retained counsel, having an experienced attorney on your side changes the dynamic at the hearing. Narolaw offers a free initial consultation so you can discuss your situation before committing to representation.

To speak with a family law attorney in Manchester, NH or schedule a consultation at any of Narolaw’s New Hampshire locations, contact the firm directly through the website. The sooner you reach out, the more time there is to build a petition that gives you the best possible chance at immediate relief.

Official sources and forms to bookmark

Use these official pages to access current forms, verify statutes, and find local support.

New Hampshire Judicial Branch — Orders of Protection and Restraining Orders: the primary self-help page for all order types, filing instructions, and fee information.
Domestic Violence Forms — District Division: petition packets and all related forms for RSA 173-B and stalking orders.
Legal Guides about Domestic Violence and Stalking — NH Judicial Branch: video guides and written explanations of the process.

Always download forms directly from the New Hampshire Judicial Branch website to confirm you have the current version. Court forms are updated periodically, and an outdated form can delay your filing.