New Hampshire House of Representatives Continuing Education NEW HAMPSHIRE’S DOMESTIC VIOLENCE LAWS

1. New Hampshire House of Representatives Continuing EducationNEW HAMPSHIRE’S DOMESTIC VIOLENCE LAWS Participants: Robin Christopherson, MCVP Amanda Grady Sexton, NHCADSV Dr. Scott Hampton, Ending the Violence Kasey LaFlam, MCVP Betsy Paine, JD, Chair of the NH Fatality Review Committee Lynda Ruel, NH Department of Justice Timothy Russell, Ret. Chief of Police, Henniker NH Earl Sweeney, Assistant Commissioner of the Department of Safety

2. Presented by: MCVP: Crisis & Prevention Center (Keene, NH) Robin Christopherson, Executive Director Kasey LaFlam, Education & Community Outreach Coordinator Domestic Violence &NH Crisis centers September 18, 2013

3. What is Domestic Violence? Domestic Violence (often referred to as Intimate Partner Violence) is a learned pattern of abusive or coercive behavior used by one person to gain and maintain power and control over another person in the context of an intimate or familial relationship. Abusive behaviors can include: • Physical • Sexual • Verbal • Emotional • Mental/Psychological • Economic • Stalking

4. What is Domestic Violence? Perpetrators of domestic violence typically use multiple forms of abuse to gain and maintain power & control. Over time these forms of abuse and control escalate to physical and sexual violence.

5. What is Domestic Violence? • Coercion & Threats • Intimidation • Emotional Abuse • Isolation • Minimizing, Denying & Blaming • Using Children • Male Privilege • Economic Abuse Physical Violence Sexual Violence

6. Power & Control “It’s hard being a victim of domestic violence living each day in fear not knowing what our abuser’s next step is going to be or how violent he is going to get.” -Victim of Domestic Violence

7. The Impact National Intimate Partner & Sexual Violence Survey (CDC) - 2010 Experienced Severe Physical Violence by an Intimate Partner 1 in 4 women 1 in 7 men Experienced Rape by an Intimate Partner 1 in 10 women Experienced Stalking by an Intimate Partner 1 in 9 women 1 in 50 men

8. Barriers to leaving: • Each day in the U.S. 3-4 women are murdered by a current or former intimate partner. Battered women who leave or attempt to leave their abusive partner are at a 75% greater risk of being murdered. When victims of domestic violence reach out for help they are often faced with community barriers that make it difficult to leave.

9. Barriers to leaving: • Financial constraints • Lack of safe and affordable housing • Transportation • Child care • Employment opportunities • FEAR Barriers that can make it difficult for someone to leave an abusive relationship can include:

10. DV is EVERYONE’S Issue When I tell people I speak out against domestic violence, they ask, ‘Isn’t that strictly a woman’s issue?’ Domestic violence is EVERYONE’S issue. Working together, women and men, from all walks of life, can join forces to create safer communities everywhere. –Victor Rivas Rivers, actor, author & domestic violence survivor

11. When the biggest victims are the smallest… Children in homes where domestic violence occurs are 15 times more likely to be physically abused or seriously neglected than children in non-violent households. Several studies reveal that when children are exposed to violence in the home they have a greater likelihood of being affected by violence as adults – either as victims or perpetrators. Children who grow up witnessing violence are at greater risk for substance abuse, juvenile pregnancy and criminal behavior. Source: UNICEF, 2006

12. ACE Studies Adverse Childhood Experiences (ACE) A study of more than 17,000 participants found an association between ‘adverse childhood experiences’ and later-life health and well-being. The ACE Study findings suggest that certain experiences are major risk factors for the leading causes of illness and death as well as poor quality of life in the U.S. ABUSE Emotional Physical Sexual NEGLECT Emotional Physical HOUSEHOLD DYSFUNCTION Witnessing DV Mental illness Substance abuse Divorce Household member incarcerated

13. Hidden Victims Growing up in a home where there was domestic violence was very difficult and left lasting scars. Although I didn’t realize it then, I used to feel like the abuse was my fault. I felt helpless and alone. For many years, I felt ashamed and worthless. -Joe Torres, baseball legend and DV Advocate

14. NHCADSV The New Hampshire Coalition Against Domestic & Sexual Violence is the umbrella organization that provides technical and financial support to 14 member agencies who provide services to survivors of sexual assault, domestic violence, and stalking. The Coalition does not provide direct services to victims, but supports the victim services work done by individual member programs located in communities throughout the state.

15. Many individual programs have their own 24-hour hotline, however all programs can be reached by calling the statewide hotline at 1-866-644-3574.

16. Crisis Center Services 14 Crisis Centers across NH provide 24-hour, free & confidential support to both women and men who are victims of domestic violence, sexual assault & stalking, regardless of age, race, gender, religion, sexual orientation, physical ability or financial status. Services Include: • 24-Hour Crisis Line • Medical Advocacy • Court Advocacy • Support Groups • Emergency Shelter • Safety Planning • Information & Referral

17. Crisis Center Services • 9,144 victims of domestic violence • 2,150 victims of sexual assault • 706 victims of stalking • 225 individuals were given 18,312 nights of shelter • A total of 16,348 individuals served (Primary victims, secondary victims & third-party referrals) In 2012, the 14 Crisis Centers across New Hampshire provided services to the following:

18. Making a Difference… I was a young mother, trapped by the emotional and physical abuse of a classic abuser. I no longer consider myself a victim, but instead as a survivor. From the 24-hour support phone line, to having an advocate by my side in court, to the support groups after breaking free of an abusive relationship…[the crisis center] saved my life. If it weren’t for this organization, my daughter and I would either still be being abused or we wouldn’t be alive. -Erin, client

19. Crisis Center Services Crisis Centers & Advocates Provide: Safety: Crisis centers offer victims a safe & confidential place to share feelings & experiences they may have never felt safe to share with friends, family or law enforcement. Support: Advocates support victims by advocating with outside agencies, such as the courts, police, & hospitals to ensure victims will be safe. Empowerment: Crisis centers provide victims with a safe space to find their voice and learn what their options are. Advocates help victims take back the control they have lost in their abuse through nonjudgmental support and education.

20. Contact Information For questions or to request additional information, please contact: NHCADSV (603) 224-8893 www.nhcadsv.org MCVP (603) 352-3844 www.MCVPrevention.org

21. Attorney General’sDomestic Violence Protocolfor Law EnforcementPresenting for Police Standards & Training Is: Chief Tim Russell (Retired) Henniker Police Department

22. The Statute Covering Domestic Violence Laws is RSA 173-B • In RSA 173-B:1, entitled “Definitions”: Abuse is defined as the commission of or attempted commission of one or more of the following acts by a family or household member or current or former sexual or intimate partner and where such conduct constitutes a credible present threat to the victim’s safety:

23. Assault or reckless conduct - RSA 631:1-3 Criminal threatening - 631:4 Sexual Assault - 632-A:2 –A:5 Interference with freedom – 633:1 through 633:3-a Destruction of property – 634:1, 2 Unauthorized entry – 635:1,2 Harassment – 644:4 Domestic Violence Acts as defined by RSA 173-B:1

24. ELEMENTS OF ABUSE • Commission or Attempted Commission of one of the previously listed Domestic Violence Acts • Committed by Family, household member or intimate partner • The act must have constituted a Credible Threat to the victim’s safety

25. Six Types of Civil Protective Orders • Telephonic • Temporary • Final • Foreign • Divorce RSA 458:16 • Stalking 633:3-a

26. CIVIL ORDERS • Domestic Violence Protective Orders are CIVIL ORDERS. This means: • If a person (defendant) is served with a protective order is DOES NOT create a criminal record. It is a civil order providing protective stipulations for the victim which must be adhered to by the defendant. • A protective order only becomes a crime if a defendant VIOLATES one of the protective stipulations.

27. Spouses Ex-spouses Persons co-habitating Persons who co-habitated but who no longer co-habitate Parents of the defendant Persons related to the defendant by consanguinity (blood) Persons related to the defendant by affinity (marriage) Former intimate partners Current intimate partners Who May File for a Civil Protective Order

28. Intimate Partners Persons currently or formerly involved in romantic relationship, whether or not such relationship was ever consummated sexually.

29. Emergency Telephonic Orders • Superior and circuit court judges may issue this order when the court is not open for business. • This usually includes nights, weekends and holidays. • There are established on call lists for Judges at each police department.

30. Temporary Civil Protective Orders • This is usually the first order applied for by victims. • Application is made at the circuit or superior court in the jurisdiction where either the plaintiff (victim) or the defendant reside. • It is also the order that must be applied for, during the next court business day, if the victim was issued an emergency telephonic order and the victim continues to desire protection.

31. Temporary Orders • These are ex-parte orders. The victim prepares a written affidavit which is reviewed by the Judge. • The Judge may or may not ask the victim for additional information. • If, based on the affidavit, the Judge believes the victim is “in danger of being abused” by the defendant, the order will be issued.

32. Temporary Protective Orders • The court will either notify the local police department that they have an order or they will fax a copy to the agency that has jurisdiction. • Upon receipt of an order, the affidavit, protective stipulations and other information should be reviewed carefully particularly noting whether or not firearms and ammunition were ordered to be relinquished by the defendant. • The law requires that these orders be served “WITHOUT DELAY”.

33. Temporary Protective OrdersAfter Service • This order can be in effect for up to 30 days. A court date for a final hearing is included as part of the order. • Upon being served the defendant can request an “emergency hearing” to the court. That hearing must be held not less than 3 nor more that 5 working days from the date of the request.

34. Final Orders • At the final hearing the victim must establish, by a preponderance of evidence, that the defendant abused the victim within the meaning of RSA 173-B:1 and that the defendant poses a credible threat to the victim’s safety.

35. Final Orders • The protective stipulations will essentially mirror the protective stipulations outlined in the temporary order. • HOWEVER--------------------------- • Upon issuance of a final order, firearms and ammunition MUST be surrendered. The Judge has NO STATUTORY DISCRETION.

40. Final Orders • If the order is granted it will be in effect for one (1)year and up to five (5) years after the fist renewal. • This order is primarily mailed to the defendant. • Service in hand is not mandated, but acceptable.

41. Enforcement Of Orders • Emergency, temporary, final, foreign, stalking and divorce decree orders are enforceable statewide. • The violation of a protective order is a Class Amisdemeanor for which arrest and detention are statutorily mandated by RSA 173-B:9. • IN OTHER WORDS OFFICERS HAVE NO DISCRETION – IF ANY PROTECTIVE ORDER IS VIOLATED – THEY ***MUST*** ARREST!

42. Mandatory Firearms Relinquishment • Defendants must relinquish firearms and ammunition in their POSSESSION, OWNERSHIP OR CONTROL: • When so ordered in an emergency or temporary civil protective order. • After the issuance of a final civil protective order. • Upon arrest for a violation of a civil protective order. • Upon arrest for abuse as directed by RSA 173-B:10.

43. Firearm Defined • Firearm means any weapon, including a starter gun, which is designed to or otherwise may readily be converted to expel a projectile by force of gunpowder.

44. Mandatory Firearms Relinquishment • Friends relatives or other third parties ARE NOT permitted to store firearms and ammunition during the term of the order. • If an officer demonstrates probable cause to believe that a defendant has not relinquished firearms, ammunition or other deadly weapons referenced to in the protective order, the court may issue a search warrant authorizing the officer to seize the items.

45. Mandatory Firearms Relinquishment • Note: If a search warrant is executed and firearms or ammunition are found, the defendant must also be arrested for violation of a protective order if the order directs the defendant to relinquish any firearms and ammunition owned, possessed or in the control of the defendant.

46. Crime Scene Arrest Decision • If an assault or other act of abuse has taken place AND NO CIVIL PROTECTIVE ORER IS IN PLACE: • An arrest (although not mandated by statute) SHOULD BE MADE. Officers should not rely on a victim’s opposition to the arrest and should emphasize to the victim and the defendant that the arrest or action initiated is the sole decision of the officer. - The State presses charges NOT the victim, therefore the victim should NEVER be asked if he/she “wants to press charges”.

47. Mandatory Arrest • When a defendant violates ANY civil protective order issued or enforced under 173-B the officer SHALL ARREST the defendant and ensure the defendant is detaineduntil arraignment.

48. Arrest Without a Warrant 12 Hour Exception • Arrest without a warrant is lawful whenever: • An officer has probable cause to believe the person to be arrested has within the past 12hours COMMITTED ABUSE as defined in 173-B:1,1, against a person eligible for protection. • The 12 hour exception is from the TIME OF THE INCIDENT not the time of the report.

49. 12 Hour Exception Civil Protective Orders • When the officer has probable cause to believe that person be arrested has within the last 12 hours, violated any temporary or permanent civil protective order issued under 173-B, 633:3a (Stalking) or 458:16 (Divorce Stipulations).

50. The Arrest Decision • Upon expiration of the 12 hour time frame or before if possible, the officer should seek a warrant for the suspect’s arrest.