Definitions of Domestic Violence - New Hampshire

Date: January 2021

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 173-B:1

'Abuse' means the commission or attempted commission of one or more of the acts listed below by a family or household member or current or former sexual or intimate partner when such conduct constitutes a credible threat to the petitioner's safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior that reasonably causes or has caused the petitioner to fear for his or her safety or well-being:

  • Assault or reckless conduct, as defined in §§ 631:1 through 631:3
  • Criminal threatening, as defined in § 631:4
  • Sexual assault, as defined in §§ 632-A:2 through 632-A:5
  • Interference with freedom, as defined in §§ 633:1 through 633:3-a
  • Destruction of property, as defined in §§ 634:1 and 634:2
  • Unauthorized entry, as defined in §§ 635:1 and 635:2
  • Harassment, as defined in § 644:4
  • Cruelty to animals, as defined in § 644:8

'Domestic violence' means abuse as defined above.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 631:2-b

A person is guilty of domestic violence if the person commits any of the following against a family or household member or intimate partner:

  • Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force
  • Recklessly causes bodily injury to another by use of physical force
  • Negligently causes bodily injury to another by means of a deadly weapon
  • Uses or attempts to use physical force, or by physical conduct threatens to use a deadly weapon for the purpose of placing another in fear of imminent bodily injury
  • Threatens to use a deadly weapon against another person for the purpose of terrorizing that person
  • Coerces or forces another to submit to sexual contact by using physical force or physical violence
  • Threatens to use physical force or physical violence, or threatens to use a deadly weapon, to cause another to submit to sexual contact and the victim believes the actor has the present ability to execute the threat
  • Confines another unlawfully by means of physical force or the threatened use of a deadly weapon, so as to interfere substantially with his or her physical movement
  • Knowingly violates a term of a protective order issued by means of the use or attempted use of physical force or the threatened use of a deadly weapon
  • Uses physical force or the threatened use of a deadly weapon against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with either of the following:
    • The report of any criminal offense, bodily injury, or property damage to a law enforcement agency
    • A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider

Persons Included in the Definition

Citation: Rev. Stat. §§ 173-B:1; 631:2-b

In civil law: 'Family or household member' means any of the following:

  • Spouses, ex-spouses, persons cohabiting with each other, and persons who cohabited with each other but no longer share the same residence
  • Parents and other persons related by consanguinity or affinity, other than minor children who reside with the defendant

'Intimate partners' means persons currently or formerly involved in a romantic relationship, whether or not such relationship was ever sexually consummated.

In criminal law: The term 'family or household member' means any of the following:

  • The actor's spouse or former spouse
  • A person with whom the actor is cohabiting as a spouse, parent, or guardian
  • A person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the same residence
  • An adult with whom the actor is related by blood or marriage
  • A person with whom the actor shares a child in common

The term 'intimate partner' means a person with whom the actor is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated.