In New Hampshire, you can be charged with domestic violence under any of the following circumstances:
I. A person is guilty of domestic violence if the person commits any of the following against a family or household member or intimate partner:
(a) Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force;
(b) Recklessly causes bodily injury to another by use of physical force;
(c) Negligently causes bodily injury to another by means of a deadly weapon;
(d) Uses or attempts to use physical force, or by physical conduct threatens to use a deadly weapon for the purpose of placing another in fear of imminent bodily injury;
(e) Threatens to use a deadly weapon against another person for the purpose to terrorize that person;
(f) Coerces or forces another to submit to sexual contact by using physical force or physical violence;
(g) Threatens to use physical force or physical violence to cause another to submit to sexual contact and the victim believes the actor has the present ability to execute the threat;
(h) Threatens to use a deadly weapon to cause another to submit to sexual contact and the victim believes the actor has the present ability to carry out the threat;
(i) Confines another unlawfully, as defined in RSA 633:2, by means of physical force or the threatened use of a deadly weapon, so as to interfere substantially with his or her physical movement;
(j) Knowingly violates a term of a protective order issued pursuant to RSA 173-B:4, I by means of the use or attempted use of physical force or the threatened use of a deadly weapon;
(k) Uses physical force or the threatened use of a deadly weapon against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(1) The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(2) A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
II. Domestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon as defined in RSA 625:11, V, in the commission of an offense, in which case it is a class B felony.
III. For purposes of this section:
(a) "Family or household member'' means:
(1) The actor's spouse or former spouse;
(2) A person with whom the actor is cohabiting as a spouse, parent, or guardian;
(3) A person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the same residence;
(4) An adult with whom the actor is related by blood or marriage; or
(5) A person with whom the actor shares a child in common.
(b) "Intimate partner'' means a person with whom the actor is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated.
IV. Upon conviction and sentencing, the court shall document on the sentencing form the specific nature of the relationship between the defendant and the victim, by reference to subparagraphs III(a)(1)-(5) and III(b).
V. In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15.
At Chadwick-Fricano-Weber, we have successfully represented both victims and defendants in domestic violence cases. If you are involved in a case with allegations of domestic violence as either a victim or a defendant, please call us at (603) 880-6100 for a free consultation.