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Bar News - August 13, 2010

Abuse Re-defined

The Governor has signed HB 230, which changes the definition of abuse in domestic violence cases under RSA 173-B. Matter added to current law appears in bold italics. Matter removed from current law appears in brackets [ ] and strike-throughs. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.


In the Year of Our Lord Two Thousand Ten

AN ACT relative to the definition of abuse in domestic violence cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

289:1 Protection of Persons From Domestic Violence; Definitions. Amend the introductory paragraph of RSA 173-B:1, I to read as follows:

I. "Abuse" means the commission or attempted commission of one or more of the [following] acts described in subparagraphs (a) through (g) by a family or household member or by a current or former sexual or intimate partner [and], where such conduct [constitutes a credible threat to the plaintiff’s safety] is determined to constitute a credible present threat to the petitioner’s safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being:

Approved: July 13, 2010

Effective Date: January 1, 2011


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