Before the advent of the internet, finding proof of infidelity often fell to the hands of the private investigator and a telephoto camera lens. Yet, with today’s technology, from spyware to GPS trackers, spouses can play private investigator themselves. Software such as Spector Pro and E-Blaster, that captures chats, instant messages, emails, websites, keystrokes
Domestic Violence
A New Hampshire Alimony Primer
I am always surprised when a potential client comes in to meet with me and says “there’s no such thing as alimony in New Hampshire, right?” Be assured, there is alimony in New Hampshire.
Alimony is governed by RSA 458:19. The law says that the recipient must have the need for alimony, and the…
Unbundled Legal Services
Unbundled legal services, also known as limited scope representation, allow you to hire a lawyer to do certain parts of your case, instead of the traditional soup to nuts representation. Some clients choose unbundled services because they cannot afford full representation, and some advice is better than no advice. Other clients feel capable of handling…
Address notification requirements and domestic violence restraining orders: How to comply with conflicting orders
Question:
Do I still have to notify the other parent about moving pursuant to the relocation statute if there is a domestic violence restraining order and my address is confidential?
Answer:
The statute states that the notice requirement applies in all parenting rights and responsibilities cases unless specifically addressed otherwise in the…
Thompson v. D’Errico: Order your transcript for your appeal!
The Facts
The plaintiff, Linda Thompson, filed a domestic violence petition against the defendant, Christopher D’Errico requesting an order of protection. After an evidentiary hearing, the Court issued a final order of protection, and made findings that the defendant had on a daily basis sent text messages to the plaintiff using “extraordinarily foul language”…
UCCJEA Now Effective
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) went into effect on December 1, 2010 in New Hampshire. Following the lead of 46 other states, the UCCJEA replaces the old UCCJA, which is still the law in Massachusetts and Vermont. The act affects almost every case that involves parental rights and…
The Holiday Season & Domestic Violence
Though domestic violence is a year round problem, the holidays bring about a spike in domestic abuse. Whether the increase is due to holiday party alcohol and drug use, money pressure, or tense family get-togethers, the holiday season between Thanksgiving and New Year’s is an especially dangerous time for victims of domestic violence.
If you…
Hemenway: Personal jurisdiction is not required for NH court to issue domestic violence protective orders
The New Hampshire Supreme Court recently held in the case of Michelle Hemenway v. Edmund J. Hemenway, Jr. that a New Hampshire court may issue protective orders against an out of state defendant, even when the defendant committed acts from another state. This case affirms the right of the plaintiff to seek domestic violence protective…
Tough economic times can lead to increased domestic violence
An article caught my attention today in the Union Leader titled "Recession can lead to depression" by Jason Schreiber. The article discusses the increased rate of domestic violence during tough economic times. Money is often the biggest stressor in a relationship, so it follows that during tough economic times, domestic violence will increase.
Local health experts
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Final restraining order: What can the judge order?
Once the plaintiff has proved that the defendant has abused her within the meaning of the statute, the court may grant a final restraining order that will remain in effect for one year. The court has the authority to order the following protective orders:
- Restrain the defendant from abusing the plaintiff, plaintiff’s relatives
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