By Tom Jarvis
New Hampshire’s trial court judges gathered in Concord on March 20 for a full-day examination of domestic violence and sexual assault cases, focusing on the legal, procedural, and human complexities that can arise when related matters move through different courts at the same time.
The judicial education program, held at Merrimack Superior Court, included sessions on protective orders, criminal bail conditions, prior abuse evidence, expert testimony on delayed disclosure, court data, firearm surrender requirements, barriers to accessing protection, and trauma-informed jury selection. The program also featured a keynote address by Aaron Stone, a retired US Army combat medic, sexual assault survivor, and founder of 18 Winters: Shattering the Silence Around Male-on-Male Sexual Assault.
Circuit Court Chief Judge Ellen Christo says the daylong program reflected the complexity of domestic violence and sexual assault cases and the need for continued judicial education.
“These cases often move between both superior and circuit courts, and the laws, procedures, and best practices are constantly evolving,” she says. “After talking with colleagues throughout the Judicial Branch, we felt it was important to dedicate a full training day to this work.”
Judge Christo says the program was intended to provide a comprehensive examination of how the cases proceed through the court system, the challenges judges encounter, and opportunities for improvement despite limited resources.
“Just as important, we focused on making sure both sides are fairly heard and that we’re handling these matters as thoughtfully and accurately as possible,” she says. “And we made space to step back and reconnect with the bigger picture – what these cases really represent for the people involved, and the responsibility we carry in getting them right.”
The morning program included a session presented by Superior Court Chief Judge Mark Howard and Superior Court Judge David Ruoff on the admissibility of prior abuse evidence under Rule 404(b) and expert testimony concerning delayed disclosure.
“The way victims respond to abuse often doesn’t look the way people expect,” Christo says. “Someone who has experienced domestic violence or sexual assault may stay in contact with the person who hurt them, minimize what happened, or even change their story over time. Without an understanding of trauma, those behaviors can be easy to misread as a lack of credibility, when in reality, they’re very common responses to abuse.”
Delayed disclosure, she says, may be connected to fear, financial dependence, concerns involving children, or a person not feeling safe enough to come forward.
“If a judge assumes that someone would report immediately if the abuse were real, that assumption can unfairly affect how the case is viewed,” Judge Christo says. “Having a basic understanding of trauma helps judges put these behaviors in context.”
She adds that understanding trauma does not mean predetermining the outcome of a case.
“At the end of the day, it’s about making sure decisions are based on a full and informed understanding of how these cases actually present, not on outdated assumptions about how someone ‘should’ act,” she says.
The training also examined barriers faced by people seeking protective orders. A panel moderated by Judicial Branch Communications Manager Av Harris included Joi Smith, program director at the New Hampshire Coalition Against Domestic and Sexual Violence; University of New Hampshire Franklin Pierce School of Law Clinical Assistant Professor Julian Jefferson; Merrimack County Attorney’s Office Victim/Witness Coordinator Jessica Clarke; and New Hampshire State Police Detective Sergeant Sean Smarz.
Judge Christo says the range of topics reflected the fact that domestic violence and sexual assault matters can involve multiple cases, courts, and agencies at once.
“You might have a divorce, a child custody matter, a domestic violence protective order, and even a related criminal case moving forward in different courts or jurisdictions simultaneously,” she says. “One of the ongoing challenges for the court system is making sure that what happens in one case – like a bail order or a custody decision – doesn’t unintentionally create safety risks in another case or interfere with how another matter is being handled.”
She says the participation of external stakeholders allowed judges to hear about challenges beyond the courtroom, including the importance of timely and accurate information regarding protective orders, bail conditions, and firearm surrender requirements.
“Courts can’t operate in a vacuum,” Judge Christo says. “By necessity, we rely on strong collaboration with law enforcement, crisis centers, and other external stakeholders to ensure matters are handled appropriately and with attention to safety considerations.”
Stone’s keynote address focused on his experience as a male survivor of sexual assault, his delayed disclosure, the stigma that can prevent survivors from coming forward, and the role of listening in the justice system’s response. Judge Christo says she repeatedly heard from judges that Stone’s presentation was impactful.
“Aaron Stone delivered a powerful call to action, reminding those of us entrusted with these cases that we need to lead with moral courage – underscoring the need to listen to survivors, protect their dignity, and ensure that the justice system is equipped to handle cases of sexual assault with empathy and accountability,” she says. “That message really resonated and stayed with many of us well beyond the day itself.”
Judge Christo says the gathering also provided an uncommon opportunity for trial court judges from across the state to learn from one another and consider how courts can handle these matters consistently.
“The biggest accomplishment of the day, honestly, was simply getting all of New Hampshire’s trial court judges in the same room, together as colleagues, focused on how we can better fulfill our constitutional responsibilities,” she says.
She adds that judicial education has a direct effect on the people who rely on the court system.
“At the end of the day, the more we invest in training, the stronger and more informed we become as a judiciary,” Judge Christo says. “And that directly impacts the quality of outcomes for the thousands of people in New Hampshire who rely on the court system every year.”