Protective orders are generally put into place in a hurry. The court is usually primarily interested in enforcing the rule of law and keeping the peace. You likely had no chance to defend yourself before the temporary protective order was put into place.
Your chance to tell your side of the story will come. Until that happens, however, you need to concentrate on doing one thing: Don’t make the situation any worse. Violating the order takes the situation out of civil court and into the criminal one. If you’re already facing criminal charges over a related incident, a violation can compound your charges.
Here are some things that would likely put you in violation of a protective order in New Hampshire:
- Going to your home to pick up the family dog and take him with you to your temporary location
- Returning to the home to pick up a few personal items (unless you take a peace officer with you just for that purpose), like your shaving kit or contact case
- Selling or getting rid of something that might arguably be the other party’s or that the other party may have a legal interest in, like the family car or their clothing
- Going to your child’s school concert, band practice or game (assuming that your children live with the other party)
- Calling, texting or emailing the other party to ask them to drop the protective order or recant their statements to the court or police
- Asking a friend or relative of yours to take a message to the other party
- Asking a friend or relative of the other party to take a message to that person on your behalf
If you don’t prevail at the hearing, a temporary order can become more permanent and continue to affect your life for a year or more. Protect your interests and your rights by talking to an experienced criminal defense attorney about your options.
