Vetoed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to pass a bill that establishes a risk protection order for vulnerable adults.

Highlights:

• Establishes “abuse” as any of the following (Sec. 1):

• Emotional abuse, meaning the misuse of power, authority, or both, verbal harassment, or unreasonable confinement;

• Physical abuse, meaning the use of physical force which results or could result in physical injury;

• Sexual abuse, meaning contact or interaction of a sexual nature without the individual’s consent; and

• Other abuse, meaning criminal threatening, interference with freedom, destruction of property, unauthorized entry, harassment, and cruelty to animals.

• Authorizes a vulnerable adult, guardian, or attorney-in-fact of a vulnerable adult, or if authorized by the vulnerable adult, the department, to seek relief by filing a petition, in the county or district where the plaintiff or defendant resides, alleging abuse, exploitation or neglect by the defendant (Sec. 1).

• Requires the plaintiff, before filing the petition, to complete a worksheet developed by the court outlining the plaintiff’s rights and options for relief, which will also advise plaintiffs that they can contact New Hampshire Legal Assistance and the New Hampshire Domestic Violence Hotline for assistance before filing the petition (Sec. 1).

• Requires the court to hold a hearing within 30 days of the filing of the petition or within 10 days of service of process upon the defendant, whichever occurs later (Sec. 1).

• Authorizes the court, upon a showing of an immediate and present danger of abuse, exploitation, or neglect, to enter temporary orders to protect the plaintiff with or without actual notice to the defendant, and may include (Sec. 1):

• Protective orders, including, but not limited to:

• Restraining the defendant from abusing, exploiting, or neglecting the plaintiff;

• Restraining the defendant from entering the premises where the plaintiff resides; and

• Restraining the defendant from withholding items of the plaintiff’s personal property; and

• Other relief, including:

• Prohibiting the defendant from transferring or encumbering any of their assets equal or exceeding the amount claimed to be exploited; 

• Restraining the defendant from taking any action which would lead to the disconnection of any and all utilities and services to their household; and

• An order enjoining a party from specified behavior that the court determines is necessary to protect the vulnerable adult.

• Specifies that violating either a protective order issued or enforced under this act will result in arrest and a class A misdemeanor (Sec. 1).

• Requires any law enforcement officer who investigates an alleged incident of abuse, exploitation, or neglect of a vulnerable adult to report the matter to the department and advise the person subject to such violence of the availability of programs from which that person may receive services (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a risk protection order for vulnerable adults.

Highlights:

• Establishes “abuse” as any of the following (Sec. 1):

• Emotional abuse, meaning the misuse of power, authority, or both, verbal harassment, or unreasonable confinement;

• Physical abuse, meaning the use of physical force which results or could result in physical injury;

• Sexual abuse, meaning contact or interaction of a sexual nature without the individual’s consent; and

• Other abuse, meaning criminal threatening, interference with freedom, destruction of property, unauthorized entry, harassment, and cruelty to animals.

• Authorizes a vulnerable adult, guardian, or attorney-in-fact of a vulnerable adult, or if authorized by the vulnerable adult, the department, to seek relief by filing a petition, in the county or district where the plaintiff or defendant resides, alleging abuse, exploitation or neglect by the defendant (Sec. 1).

• Requires the plaintiff, before filing the petition, to complete a worksheet developed by the court outlining the plaintiff’s rights and options for relief, which will also advise plaintiffs that they can contact New Hampshire Legal Assistance and the New Hampshire Domestic Violence Hotline for assistance before filing the petition (Sec. 1).

• Requires the court to hold a hearing within 30 days of the filing of the petition or within 10 days of service of process upon the defendant, whichever occurs later (Sec. 1).

• Authorizes the court, upon a showing of an immediate and present danger of abuse, exploitation, or neglect, to enter temporary orders to protect the plaintiff with or without actual notice to the defendant, and may include (Sec. 1):

• Protective orders, including, but not limited to:

• Restraining the defendant from abusing, exploiting, or neglecting the plaintiff;

• Restraining the defendant from entering the premises where the plaintiff resides; and

• Restraining the defendant from withholding items of the plaintiff’s personal property; and

• Other relief, including:

• Prohibiting the defendant from transferring or encumbering any of their assets equal or exceeding the amount claimed to be exploited; 

• Restraining the defendant from taking any action which would lead to the disconnection of any and all utilities and services to their household; and

• An order enjoining a party from specified behavior that the court determines is necessary to protect the vulnerable adult.

• Specifies that violating either a protective order issued or enforced under this act will result in arrest and a class A misdemeanor (Sec. 1).

• Requires any law enforcement officer who investigates an alleged incident of abuse, exploitation, or neglect of a vulnerable adult to report the matter to the department and advise the person subject to such violence of the availability of programs from which that person may receive services (Sec. 1).

Full Bill Text