Proving abuse in a domestic violence petition
In order to prove abuse in a domestic violence petition, the plaintiff must show that the defendant , who is a family or household member or a current or former sexual partner, committed one of the following acts:
- Assault or reckless conduct as defined in RSA 631:1, RSA 631:2, RSA 631:2-a, or RSA 631:3.
- Criminal threatening as defined in RSA 631:4.
- Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5.
- Interference with freedom as defined in RSA 633:1 through RSA 633:3-a.
- Destruction of property as defined in RSA 634:1 and RSA 634:2.
- Unauthorized entry as defined in RSA 635:1 and RSA 635:2.
- Harassment as defined in RSA 644:4.
Additionally, the act itself must consitute a credible threat to the safety of the plaintiff. The Plaintiff has the burden to prove the abuse by a preponderance of the evidence, a legal standard that means that it is more likely to be true than not true. Therefore, when testifying at a final hearing, it is important for the plaintiff to give a clear, detailed, accurate account of the actions of the abuser that led him or her to file for the restraining order.
