Office Location
102 Amherst Street
Nashua, NH 03064

Shepherd and Hayes Law Firm, PLLC

Free Consultation (603) 233-1626

icon
Text Us
Shepherd and Hayes Law Firm, PLLC

Free Consultation (603) 233-1626

icon

Domestic Violence Laws In NHExperienced Nashua Domestic Violence Attorneys

Many couples cope with domestic violence in New Hampshire. Relationships aren’t easy. Sometimes intimate partners find themselves at odds with one another about personal matters, such as jealousy, children, loyalty, finances, etc. Most of the time, disagreements such as these are resolved by both partners taking a time out and talking through them. Other times, an intimate partner’s anger or frustration may become explosive. They may become excessively loud, overbearing, aggressive, or physical towards the other partner. 

Such aggressive behavior sometimes catches the attention of local law enforcement. What was initially an argument between two people becomes a full-blown government investigation. When law enforcement comes to your door in a situation like this, someone may leave the house in handcuffs. Once that happens, the arrested partner will be taken to the police station, booked, potentially jailed and given a court date.

How Is Domestic Violence Defined in New Hampshire?

In New Hampshire, domestic violence defines as “ the commission or attempt commission” of one or more of the following offenses against a family member, household member, or current or former sexual or intimate partner: 

  • assault or reckless conduct
  • criminal threatening
  • sexual assault
  • interference with freedom
  • destruction of property
  • unauthorized entry
  • Harassment

New Hampshire defines “family or household” as former or current spouses, a person who formerly or currently cohabited with each other, parents, or other people related by blood or marriage. Intimate partners are individuals who were previously or currently involved in a romantic relationship, regardless of their sexual activity, are also included in the definition of domestic violence. The offense or attempted offense must represent a credible threat to the alleged victim’s safety. 

Potential Domestic Violence Penalties 

Domestic violence arrests for alleged domestic violence can stem from a push (Simple Assault), a bump, a grab (Criminal Restraint), or an unkind word that has been perceived as a threat (Criminal Threatening). If you are convicted of a crime described as “domestic violence,” the consequences may be severe. In addition to a potential jail sentence, fines, and probation, you may lose your right to own or possess a firearm forever.

Domestic violence convictions will also make you ineligible for jobs where background checks are regularly conducted, such as government, government contract, technology, management, and law enforcement, to name a few. You may also find yourself on the losing side of a child custody battle or subject to deportation/removal proceedings.

Possible Domestic Violence Defenses

When you’re facing domestic violence charges, it’s imperative that you contact an experienced domestic violence defense attorney. They can evaluate the police report and formulate the best defense for your situation. Some of the most common defenses used in domestic violence situations include:

Innocence

Sometimes a false claim is made, or the situation didn’t play out as written in the initial police report. An attorney can help look for material that supports your innocence, such as:

  • Establishing your whereabouts
  • Establish a strong alibi

An attorney will thoroughly assess the scene and the incident to ensure they have a complete picture and can better build supportive evidence to counter the prosecution’s claims. 

The Alleged Victim Lied

In some instances, the spouse or partner may fabricate a story of domestic abuse where there was none. An attorney trying to prove the alleged victim lied will seek to establish:

  • If the injuries on the victim support your version of the story
  • The inconsistencies with the crime report

The reasons for these lies can vary, but their accusation can have severe consequences if their lies aren’t discovered.

Self-Defense

If self-defense is the defense that’s settled on, an attorney will likely:

  • Check the police report for admission by the alleged victim to having used some type of violence. 
  • Determine the reason why the alleged victim may have used violence 
  • Compare your story to the account you gave to the responding officer
  • Examine your injuries and the victims to see if they match your story
  • Look for inconsistencies

Finding the best defense often means understanding the situation. An experienced attorney will likely thoroughly look into not just the single incident, but the entire relationship and look for evidence to help support your story.  

Contact an Experienced Domestic Violence Attorney Today 

At Shepherd & Hayes, PLLC, our domestic violence attorneys protect our clients from the horrors of spousal/intimate abuse allegations. In the event that you have done nothing wrong but were arrested because of your gender or you were at the wrong place at the wrong time, we take your case to trial and fight on your behalf. Despite circumstances, we make every effort to keep your record clean of domestic violence criminal convictions. Sometimes that means a trial. Other times, we work closely with the prosecutor and the court to get you the help you may need by way of anger management and marital conflict counseling.

In cases like these, there are usually two stories. We employ our private investigator to dig deep and find the truth as to what really happened. At Shepherd & Hayes, our Nashua domestic violence lawyers are not content to let “the system” work your case out. We take every step to ensure that your rights are protected and that your life is not ruined by either a false allegation or a momentary lapse in judgment.

Contact our offices today so we can discuss your case. You can call (603) 233-1626 or fill out our contact form.

Request a Free Consultation