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Ely
Ely, Counselor at Law
Category: Criminal Law
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In the state of NH is there a statute of limitations on prosecuting

Resolved Question:

In the state of NH is there a statute of limitations on prosecuting a violation of a restraining order?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Ely replied 12 months ago.


Possibly. Can you please tell me if this was a

1) Protective Order (arising out of domestic violence);
2) Stalking Protective Order; or
3) A restraining order set by a criminal court in conjunction with an ongoing criminal case?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 12 months ago.

1) no


2) not exactly, see below


3) no


 


It was issued to stop abusive phone calls the defendant made to the petitioners residences and places of work.

Expert:  Ely replied 12 months ago.
R,

Okay, thank you.

Can you please tell me:

Who was this individual in relation to the victim? Did they live in the same household?
Customer: replied 12 months ago.

No, a neighbor

Expert:  Ely replied 12 months ago.
Thank you.

Then by method of deduction, it may be safely assumed that this is is a Stalking Protective Order (which may cover more than just stalking, per se). This may be found here.

The individual may be held in civil and criminal contempt. This includes verbal admonishment, fines, costs in having the party bring the motion for contempt, and/or jail time as the Court sees fit. There is no statute of limitations as long as the order is in place.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87556
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you
Customer: replied 12 months ago.

Thanks for the link. That helped clarify but I'm not sure if it applies. Does NH differentiate between an order of protection and a restraining order? Our restraining order says Restraining Order, not Order of Protection. It certainly reads like an order of protection since it prohibits any contact from the defendant and prohibits him from abusing or stalking our relatives. But is that enough to make it an Order of Protection? If I should ask this as another question, please let me know and I'll do so.


 

Expert:  Ely replied 12 months ago.
You are very welcome and yes, it does apply. The point is that one can be held in contempt for violating a restraining order.

The term "restraining order" is a generic term and applies both to Protective Orders (domestic violence) and Stalking Protective Orders (non-domestic violence/stalking).
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87556
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you

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