| Restraining Orders |
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How do I Obtain a Restraining
Order? |
New Hampshire law provides that protection from
Domestic Violence is afforded to a broad range of persons, including
family or household members and current or former sexual or intimate
partners of the defendant. New Hampshire law provides protection to
two groups of people:
- Those who have been directly abused, as defined by the law and
those who are entitled to file a petition.
- Those who are themselves entitled to file a petition because
they have not been personally abused, but to whom the statute
offers protection once the abuse has been found because of their
relationship to the victim.
In other words:
- Spouses
- Ex-spouses
- Persons cohabiting (living) with each other
- Persons who cohabited with each other but who no longer share
the same residence
- Parents of the defendant
- Person related to the defendant by consanguinity (related by
blood)
- Persons related to the defendant by affinity (a connection between
one spouse and the blood relations of the other).
Minor children and step children
of the defendant are not entitled to be a plaintiff under this process.
Their protection herein lies with the individual asking for the protection
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Who should get a restraining
order? |
Anyone who is in an abusive relationship should
seriously consider obtaining a restraining order.
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What is the process for getting
a restraining order? |
In order to obtain one, the victim (plaintiff)
is required to appear in court before a justice and articulate why
an order is to be issued against the abuser (defendant). The Plaintiff
should request the necessary paperwork from the clerk of courts. The
plaintiff will then be required to complete the "petition."
Once completed, The plaintiff will have to appear before the judge,
and explain why the order should be issued.
The Judge will, if he deems it necessary, issue
the order, along with a notice of hearing to the defendant. The hearing
is usually two weeks from the date the order is issued, although the
date may be changed depending upon scheduling, etc. The order will
usually prohibit the defendant from having any contact with the plaintiff,
in person or by phone, and may establish temporary visitation, residency,
and monetary requirements to be adhered to by both parties. The order
may also demand the relinquishing of any deadly weapons, including
firearms, which may have been used in the commission of a domestic
violence act, to the Police.
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| What if I require a restraining order on a weekend
or holiday? |
In the event that you may require a restraining
order after the court's business hours or on a weekend, you can still
get an emergency restraining order. In order to do so, contact the
Swanzey Police Department at 352-2869. You will either be asked to
come to the station, or you may be escorted upon your request.
If you are in immediate
danger of abuse, please call 911...The officers responding
will safeguard you and your children, if necessary, and advise you
on the procedure for obtaining a restraining order after hours.
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The most important thing
to remember is to get out of an abusive situation as soon as you can.
The only way you can obtain help is if you are in a position to request
it. Don't hesitate. Please call if you require any assistance, or need
to ask any questions. |
| Traffic Tickets |
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I received a traffic ticket. What
should I do? |
Turn your summons over and carefully read the instructions
printed on the reverse side of your ticket. Follow these instructions
carefully. You have 30 days from the date written on the front side
of the ticket to respond to the Department of Motor Vehicles.
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What if I decide to plead
guilty or Nolo Contendere? |
If you decide to plead Guilty or Nolo Contendere you
will need to mail to the Department of Motor Vehicles your copy of
the summons. You must include the total amount of the fine due at
this time. The State will not bill you for the fines due. The ticket
and the total payment must be mailed so as to be received by the Department
of Motor Vehicles no later than 30 days from the date indicated on
the front side of the summons.
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What if I decide to plead
not guilty? |
If you elect to plead Not Guilty, you need to return your
copy of the summons so as to be received by the Department of
Motor Vehicles no later than 30 days from the date written in
on the front of the ticket. You will be notified by return mail
as to the court date for your trial. At trial you (or your attorney)
will be allowed to present your defense.
Remember, in any case, you must respond to the traffic summons
within the 30 time period. Failure to respond (either Guilty,
Nolo or Not Guilty) will result in action being initiated by the
Department of Motor Vehicles to suspend your driver's license
(if a New Hampshire resident) or your privilege to operate a vehicle
(if you reside outside New Hampshire). You will then be faced
with the additional chore (and its associated fees) of restoring
your driving privileges.
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| Vehicular Stops |
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What should I do if I am pulled
over in Swanzey? |
|
Relax and remain calm. Many times officers stop vehicles for
maintenance issues; a tail-light out, or a missing headlight. Your
first duty is to make sure that your vehicle remains safe on the road.
Pull your vehicle to the right side of the road as soon as it
is safe. No Swanzey Officer is going to mind if you drive a few hundred
extra feet to an area of the road with a wider, safer shoulder--They
are the ones who need to stand out in traffic! Just be sure you slow
down, put on your blinker, and pull over as soon as possible.
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|
I've pulled my vehicle over. Now what should I
do? |
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There are several steps you should immediately take:
- Place your vehicle in park and turn on your hazard lights.
- Turn on your overhead (dome) light.
- Place both hands on the top of the steering wheel.
- Do not attempt to get your license or registration
at this point. An officer would rather wait for you to retrieve
your license and registration that wonder if you reached into the
glove-box for a weapon.
- Keep your head facing forward until the officer has approached.
- Roll down your driver's window.
- Passengers should be asked to place their hands in their laps.
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The officer is at my window. What should I do? |
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Remain calm and answer the officer's questions and comply with
his or her requests. Let the officer know in advance if you are going
to reach into your pocket for your license or into the glove box for
your registration. In fact, keeping your registration in the visor
is not a bad idea.
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