CPA · Protection Against Family Violence Act
2 Emergency protection order
Court of Justice or a justice of the peace, on application without
notice to the respondent, if the justice or justice of the peace
determines
(a) that family violence has occurred,
(a.1) that the claimant has rea son to believe that the respondent
will continue or resume carrying out family violence, and
(b) that, by reason of seriousness or urgency, the order shoul d
be granted to provide for the immediate protection of the
claimant and other family members who reside with the
claimant.
(2) In determining whether an order should be granted, the justice
of the Court of Justice or justice of the peace must consider, but is
not limited to considering, the following:
(a) repealed 2006 c8 s5;
(b) the history of family violence by the respondent toward th e
claimant and other family members;
(b.1) whether there is or has b een controlling behaviour by the
respondent towards the claimant or other family members;
(b.2) whether the family viole nce is repetitive or escalating;
(c) the existence of any immediate danger to persons or
property;
(c.1) the vulnerability of elderly claimants;
(c.2) the effect of exposure to family violence on any child of the
claimant or on any child who is in the care and custody of
the claimant;
(d) the best interests of the claimant and any child of the
claimant or any child who is in the care and custody of the
claimant;
RSA 2000
PROTECTION AGAINST
(e) the claimant's need for a s afe environment to arrange for
longer-term protection from family violence.
(2.1) Without excluding any other circumstance, in determining
whether an order under this section should be granted, by a justice
of the Court of Justice or a justice of the peace, the following
circumstances should not preclude the granting of an order:
(a) that an emergency protection order, King's Bench protectio n
order, restraining order or order of any Court ordering the
respondent not to contact or communicate with the claimant
has been granted previously;
(b) that the respondent has previously complied with an
emergency protection order, King's Bench protection order,
restraining order or order of any Court ordering the
respondent not to contact or communicate with the claimant;
(c) that the respondent is temporarily absent from the residen ce
at the time of application for an order;
(d) that the claimant is temporarily residing in an emergency
shelter or other safe place;
(e) that criminal charges have been or may be laid against the
respondent;
(f) that the claimant has a history of returning to the reside nce
and of residing with the respondent after occurrences of
family violence.
(3) An order under this section may include any or all of the
following:
(a) a provision restraining the respondent from attending at o r
near or entering any specified place that is attended
regularly by the claimant or other family members,
including the residence, property, business, school or place
of employment of the claimant or family members;
(b) a provision restraining the respondent from communicating
with or contacting the claimant and other specified persons;
(c) a provision granting the cl aimant and other family members
exclusive occupation of the residence for a specified period,
regardless of whether the residence is jointly owned or
leased by the parties or solely owned or leased by one of the
parties;
RSA 2000
PROTECTION AGAINST
(d) a provision directing a peace officer to remove the
respondent from the residence immediately or within a
specified time;
(e) a provision directing a peace officer to accompany a
specified person to the residence within a specified time to
supervise the removal of personal belongings in order to
ensure the protection of the claimant;
(f) a provision directing the seizure and storage of weapons
where the weapons have been used or have been threatened
to be used to commit family violence;
(g) any other provision that the justice of the Court of Justi ce or
justice of the peace considers necessary to provide for the
immediate protection of the claimant.
(3.1) A provision of an order referred to in subsection (3)(b) is to
be interpreted as prohibiting communication and contact by any
means, including through a third party, unless the order expressly
provides otherwise.
(4) An order under this section may be subject to any terms and
conditions that the justice of the Court of Justice or justice of the
peace considers appropriate.
(5) Subject to section 5(1), an order under this section takes effect
immediately on the granting of the order.
(6) An order under this section must indicate the date, time and
place at which the order is scheduled for review at a hearing by a
justice of the Court of King's Bench, which may not be later than 9
working days after the granting of the order.
RSA 2000 cP-27 s2;2006 c8 s5;2008 c 32 s24;2011 c4 s3;
AR 217/2022;AR 75/2023