§ 461-A:9 — Ex Parte Orders

I. After the filing of a petition concerning a minor child under this chapter, the court may issue ex parte temporary orders. Ex parte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury or loss will result to the applicant or the child before the adverse party or attorney can be heard in opposition.
II. No ex parte order shall be granted without:
(a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.
(b) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.
III. If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk.
IV. Ex parte orders may include the following terms:
(a) Directing any party to refrain from abusing or interfering in any way with the person or liberty of the other party.
(b) Enjoining any party from entering the premises wherein the other party resides upon a showing that physical or emotional harm would otherwise result.
(c) Enjoining any party from contacting the other party at, or entering, the other party's place of employment or school.
(d) Enjoining any party from harassing, intimidating, or threatening the other party, the other party's relatives regardless of their place of residence, or the other party's household members in any way.
(e) The temporary allocation of parental rights and responsibilities of any minor children as provided in RSA 461-A:6.

Legislative History

2005, 273:1, eff. Oct. 1, 2005.