Case Explained: Lawmakers propose major rewrite of state’s domestic violence laws. Could it make it harder for survivors to seek protection? – Legal Perspective

New Hampshire lawmakers are considering a sweeping overhaul of the state’s domestic violence laws — a proposal that could change everything from how protective orders are issued to the rights of survivors defending themselves, and even introduce penalties for false accusations.

State Representative Matt Sabourin Dit Choinière, a Republican, has proposed House Bill 1740, which would allow those who faced abuse to obtain a civil protective order only after criminal charges have been filed and a judge has determined there is probable cause.

“The current system fails victims by pushing them into civil court, where they have to be their own lawyers,” said Sabourin Dit Choinière at a legislative hearing on Friday. “It fails the accused by depriving them of liberty without adequate process and it fails everyone by producing arbitrary outcomes.”

Currently, New Hampshire has two parallel systems for domestic violence: criminal and civil. 

Survivors of abuse can file civil protective orders on their own, while the state pursues criminal charges against those accused of the crime.

These protective orders are restraining orders that can decide who gets custody of children and even require the accused to give up firearms. They are in place until a hearing is scheduled.

But under Choinière’s bill, that civil pathway would disappear entirely, tying domestic violence cases exclusively to the criminal system. 

Choinière said the goal is “treating domestic violence as what it is — a crime — and replacing a broken statute with one that is clear, enforceable, and fair.”

But not everyone is supportive of having this new system.

Lyn Schollett, executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, said that the changes could undo years of progress protecting survivors. 

“This bill would eliminate the civil process and would leave a victim who isn’t ready or able to engage in the criminal process with no legal remedy,” she said.

In 2024, New Hampshire saw 3,476 domestic violence petitions filed — but advocates said that number is not the full picture. Many survivors never come forward from fear of retaliation. Requiring them to involve the police or engage in a criminal case can also make an already dangerous situation even worse.

Protections for accused

The bill would also introduce new penalties for people who intentionally make false domestic violence reports. 

But opponents, like Det. Sgt. Kevin O’Meara of the Manchester Police Department, said the proposal has serious flaws.

“Domestic violence victims often recant their statements to protect their abusers,” he said. “This does not always mean that there was a false accusation or a lie, and it does not always mean that the original reported crime did not occur.”

He also said that many forms of abuse, such as emotional manipulation or financial control, cannot be charged under criminal codes. Under the bill, survivors of that kind of abuse might not qualify for protection at all.

While many gave testimony on why the bill is not a step in the right direction for New Hampshire, many also voiced their support for the bill. 

Betty Gay, a former state representative from Salem, said the bill would better protect both survivors and the accused while correcting what she sees as a lack of fundamental constitutional protections in family court.

“They [family courts] do not guarantee the right to evidence. They do not guarantee the right to testimony, which is part of our constitutional rights,” she said. “It just ought to be number one that any court that decides such critically important things as having your children, that’s probably the most important thing to almost everybody.”

Bill’s further impacts

Use of Force by Protected Persons: If a protected person uses force against someone violating the protective order, it’s considered legally justified. But it doesn’t apply to chance public encounters.

Funding Restrictions: State funding for private individuals, non-profit organizations like the New Hampshire Coalition Against Domestic and Sexual Violence will be eliminated.