HB 246 - AS INTRODUCED
2021 SESSION
21-0143
08/05
HOUSE BILL 246
AN ACT establishing a protective order for vulnerable adults.
SPONSORS: Rep. Cushing, Rock. 21; Rep. Mangipudi, Hills. 35; Rep. Chase, Straf. 18
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill establishes a procedure for protective orders for vulnerable adults.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 246 - AS INTRODUCED
21-0143
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT establishing a protective order for vulnerable adults.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Chapter; Protective Orders for Vulnerable Adults. Amend RSA by inserting after chapter
2 173-C the following new chapter:
3 CHAPTER 173-D
4 PROTECTIVE ORDERS FOR VULNERABLE ADULTS
5 173-D:1 Purpose. The purpose of this chapter is to enable vulnerable adults to seek permanent
6 and temporary relief from abuse, exploitation, and neglect.
7 173-D:2 Definitions. In this chapter:
8 I. “Abuse” means any one of the following:
9 (a) “Emotional abuse” means the misuse of power, authority, or both, verbal harassment,
10 or unreasonable confinement which results or could result in the mental anguish or emotional
11 distress of a vulnerable adult.
12 (b) “Physical abuse” means the use of physical force which results or could result in
13 physical injury to a vulnerable adult.
14 (c) “Sexual abuse” means contact or interaction of a sexual nature involving a vulnerable
15 adult without his or her informed consent.
16 (d) “Other abuse” means any of the following:
17 (1) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3.
18 (2) Criminal threatening as defined in RSA 631:4.
19 (3) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5.
20 (4) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a.
21 (5) Destruction of property as defined in RSA 634:1 and RSA 634:2.
22 (6) Unauthorized entry as defined in RSA 635:1 and RSA 635:2.
23 (7) Harassment as defined in RSA 644:4.
24 (8) Cruelty to animals as defined in RSA 644:8.
25 II. “Authorized” means written consent provided by the vulnerable adult.
26 III. “Contact” means any action to communicate with another either directly or indirectly,
27 including, but not limited to, using any form of electronic communication, leaving items, or causing
28 another to communicate in such fashion.
29 IV. “Defendant” means the person against whom the protective orders are sought and, if the
30 petition is granted, the restrained person.
31 V. “Department” means the department of health and human services.
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1 VI. “Exploitation” means the improper use of a vulnerable adult's person or property for
2 another person's profit or advantage, or the breach of a fiduciary relationship through the use of a
3 person or a person's property for any purpose not in the proper and lawful execution of a trust,
4 including, but not limited to, situations where a person obtains money, property, or services from a
5 vulnerable adult through the use of undue influence, harassment, duress, deception, fraud, or under
6 any circumstances where the person knew or had reason to know that the vulnerable adult lacked
7 capacity to consent.
8 VII. “Foreign protective order” means an order enforceable under RSA 173-D:14.
9 VIII. “Neglect” means an act or omission which results or could result in the deprivation of
10 essential services or supports necessary to maintain the minimum mental, emotional, or physical
11 health and safety of a vulnerable adult.
12 IX. “Plaintiff” means the vulnerable adult to be protected by the protective orders and, if the
13 court grants the petition, the protected person.
14 X. “Vulnerable” means that the physical, mental, or emotional ability of a person is such
15 that he or she is unable to manage personal, home, or financial affairs in his or her own best
16 interest, or he or she is unable to act or unable to delegate responsibility to a responsible caretaker
17 or caregiver.
18 173-D:3 Jurisdiction and Venue.
19 I. The district division and the judicial branch family division of the circuit courts shall have
20 concurrent jurisdiction over all proceedings under this chapter.
21 II. If the plaintiff has left the household or premises to avoid further abuse, the plaintiff
22 shall have the option to commence proceedings pursuant to RSA 173-D:4 in the county or district
23 where the plaintiff temporarily resides.
24 III. Proceedings under this chapter may be transferred to another court upon the motion of
25 any party or of the court as the interests of justice or the convenience of the parties may require.
26 173-D:4 Commencement of Proceedings; Hearing.
27 I. A vulnerable adult, guardian, or attorney-in-fact of a vulnerable adult, or if authorized by
28 the vulnerable adult, the department, may seek relief pursuant to RSA 173-D:6 by filing a petition,
29 in the county or district where the plaintiff or defendant resides, alleging abuse, exploitation, or
30 neglect by the defendant. Any person filing a petition containing false allegations of abuse shall be
31 subject to criminal penalties. Notice of the pendency of the action and of the facts alleged against
32 the defendant shall be given to the defendant, either personally or as provided in paragraph II. The
33 plaintiff shall be permitted to supplement or amend the petition only if the defendant is provided an
34 opportunity prior to the hearing to respond to the supplemental or amended petition. All petitions
35 filed under this section shall include the home and work telephone numbers of the defendant, if
36 known. Notice of the whereabouts of the plaintiff shall not be revealed except by order of the court
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1 for good cause shown. Any answer by the defendant shall be filed with the court and a copy shall be
2 provided to the plaintiff by the court.
3 II. No filing fee or fee for service of process shall be charged for a petition or response under
4 this section, and the plaintiff or defendant may proceed without legal counsel. Either a peace officer
5 or the sheriff’s department shall serve process under this section. Any proceeding under this chapter
6 shall not preclude any other available civil or criminal remedy.
7 III. The clerks of the circuit courts shall supply forms for petitions and for relief under this
8 chapter designed to facilitate pro se proceedings. All such petitions shall contain the following
9 words: I swear that the foregoing information is true and correct to the best of my knowledge. I
10 understand that making a false statement on this petition will subject me to criminal penalties.
11 IV. Prior to filing a petition under this chapter, the plaintiff shall be required to complete a
12 worksheet developed by the court outlining the plaintiff’s rights and options for relief under this
13 chapter, RSA 173-B, and RSA 633:3-a. The worksheet shall also advise plaintiffs that they may
14 contact New Hampshire Legal Assistance and the New Hampshire Domestic Violence Hotline for
15 assistance prior to filing a petition. Plaintiffs shall be required to sign the worksheet stating the
16 following: "I understand my rights and options as explained in this worksheet. I am freely choosing
17 to file this petition even though there are other petitions I may qualify for that are specifically
18 designed for victims of domestic violence and stalking. I understand that using this petition may
19 prevent me from getting additional protections for physical safety that may be available to me,
20 including the right to ask the court to order the defendant to hand over their firearms or deadly
21 weapons.”
22 V.(a) The court shall hold a hearing within 30 days of the filing of a petition under this
23 section or within 10 days of service of process upon the defendant, whichever occurs later.
24 (b) The time frame established in this paragraph may be extended for an additional 10
25 days upon motion by either party for good cause shown. A recusal by the judge or any act of God or
26 closing of the court that interferes with the originally scheduled hearing shall not be cause for the
27 dismissal of the petition. The court shall reschedule any hearing under this section in an
28 expeditious manner.
29 VI. In any proceeding under this chapter, the court shall not be bound by the technical rules
30 of evidence and may admit evidence which it considers relevant and material.
31 VII. The filing of a petition under this chapter, including any facts alleged or findings made
32 regarding the plaintiff’s mental or physical capacity, shall not be admitted as evidence for any
33 purpose in any other court proceeding.
34 VIII. In a proceeding under this chapter, a support person may accompany a party in court
35 and, if the party is not represented by an attorney, may sit with the party at the table that is
36 generally reserved for the party and the party's attorney. The support person is present to provide
37 moral and emotional support for a person who alleges he or she is a victim of abuse. The support
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1 person is not present as a legal adviser and shall not provide legal advice. The support person may
2 assist the person who alleges he or she is a victim of abuse in feeling more confident that he or she
3 will not be injured or threatened by the other party during the proceedings if the person who alleges
4 he or she is a victim of abuse and the other party are required to be present in close proximity. This
5 section shall not preclude the court from exercising its discretion to remove the support person from
6 the courtroom if the court believes the support person is prompting, swaying, or influencing the
7 party assisted by the support person.
8 173-D:5 Temporary Relief.
9 I. Upon a showing of an immediate and present danger of abuse, exploitation, or neglect, the
10 court may enter temporary orders to protect the plaintiff with or without actual notice to defendant.
11 The court may issue such temporary orders by telephone, facsimile, or any other methods approved
12 by court rules. Such telephonically issued orders shall be made by a circuit court judge to a law
13 enforcement officer, shall be valid in any jurisdiction in the state, and shall be effective until the
14 close of the next regular court business day. Such orders shall be returnable to the circuit court
15 where the plaintiff resides or to which the plaintiff has fled, unless otherwise ordered by the issuing
16 judge. If non-telephonic temporary orders are made ex parte, the party against whom such relief is
17 issued may file a written request with the clerk of the court and request a hearing on such orders.
18 Such hearing shall be held no less than 2 business days and no more than 3 business days after the
19 request is received by the clerk. Such hearings may constitute the final hearing described in RSA
20 173-D:4, V.
21 II. Such temporary relief may include:
22 (a) Protective orders:
23 (1) Restraining the defendant from abusing, exploiting, or neglecting the plaintiff.
24 (2) Restraining the defendant from entering the premises and curtilage where the
25 plaintiff resides, except when the defendant is accompanied by a peace officer and, upon reasonable
26 notice to the plaintiff, is allowed entry by the plaintiff for the sole purpose of retrieving toiletries,
27 medication, clothing, business equipment, and any other items as determined by the court.
28 (3) Restraining the defendant from withholding items of the plaintiff’s personal
29 property which are specified in the order. A peace officer shall accompany the plaintiff or his or her
30 representative in retrieving such property to protect the plaintiff.
31 (4) Restraining the defendant from contacting the plaintiff or entering a specified
32 place frequented regularly by the plaintiff.
33 (5) Restraining the defendant from abusing the plaintiff, plaintiff’s relatives,
34 regardless of their place of residence, or plaintiff’s household members in any way.
35 (6) Restraining the defendant from taking, converting, or damaging property in
36 which the plaintiff has a legal or equitable interest.
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1 (7) Granting the plaintiff exclusive care, custody, or control of any animal owned,
2 possessed, leased, kept, or held by the plaintiff or by the plaintiff jointly with the defendant in either
3 household, and ordering the defendant to stay away from the animal and forbidding the defendant
4 from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or
5 disposing of the animal.
6 (b) Other relief, including but not limited to:
7 (1) In the case of financial exploitation, prohibiting the defendant from transferring
8 or otherwise encumbering any of his or her assets which equal or exceed the amount of assets
9 claimed to be exploited, provided, however, that such prohibition shall not extend to, encumber, or
10 otherwise limit the rights of creditors, mortgagees, or secured parties in such property.
11 (2) Restraining the defendant from taking any action which would lead to the
12 disconnection of any and all utilities and services to the parties’ household, or the discontinuance of
13 existing business or service contracts, including, but not limited to, mortgage or rental agreements.
14 (3) An order enjoining a party from specified behavior that the court determines is
15 necessary to protect the vulnerable adult.
16 173-D:6 Relief.
17 I. A finding of abuse, exploitation, or neglect shall mean the defendant represents a credible
18 threat to the safety of the plaintiff or physical, mental, or financial well-being. Upon a showing of
19 abuse, exploitation, or neglect of the plaintiff by a preponderance of the evidence, the court shall
20 grant such relief as is necessary to bring about a cessation of abuse, exploitation, or neglect. Such
21 relief may include:
22 (a) Protective orders:
23 (1) Restraining the defendant from abusing, exploiting, or neglecting the plaintiff.
24 (2) Restraining the defendant from entering the premises and curtilage where the
25 plaintiff resides, except when the defendant is accompanied by a peace officer and is allowed entry
26 by the plaintiff for the sole purpose of retrieving personal property specified by the court.
27 (3) Restraining the defendant from contacting the plaintiff or entering the plaintiff’s
28 place of employment, school, or any specified place frequented regularly by the plaintiff or by any
29 family or household member.
30 (4) Restraining the defendant from abusing the plaintiff, plaintiff’s relatives,
31 regardless of their place of residence, or plaintiff’s household members in any way.
32 (5) Restraining the defendant from taking, converting, or damaging property in
33 which the plaintiff has a legal or equitable interest.
34 (6) Granting the plaintiff exclusive care, custody, or control of any animal owned,
35 possessed, leased, kept, or held by the plaintiff or by the plaintiff jointly with the defendant in either
36 household, and ordering the defendant to stay away from the animal and forbidding the defendant
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1 from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or
2 disposing of the animal.
3 (b) Other relief including, but not limited to:
4 (1) Granting the plaintiff the exclusive use and possession of the premises and
5 curtilage of the plaintiff’s place of residence, unless the defendant exclusively owns or leases and
6 pays for the premises and the defendant ha