HB 494 - AS INTRODUCED
2021 SESSION
21-0623
05/04
HOUSE BILL 494
AN ACT relative to temporary relief and permanent restraining orders issued in a divorce
proceeding.
SPONSORS: Rep. DeSimone, Rock. 14; Rep. Harb, Rock. 14; Rep. Baldasaro, Rock. 5; Sen.
Birdsell, Dist 19
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that the court shall not issue an order in a divorce proceeding that infringes on
a party's constitutional rights unless the court determines there is no less restrictive means to
achieve a compelling government interest.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 494 - AS INTRODUCED
21-0623
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to temporary relief and permanent restraining orders issued in a divorce
proceeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Paragraph; Annulment, Divorce, and Separation; Temporary Relief and Restraining
2 Orders. Amend RSA 458:16 by inserting after paragraph II the following new paragraph:
3 II-a. If any order issued under this section, other than one brought under RSA 173-B,
4 infringes on any right or rights a party may have as enumerated under either the federal or state
5 constitution, the court shall identify the right or rights being infringed, and the compelling
6 government objective to be achieved by the infringement. The court shall also make written findings
7 that there is no less restrictive way to achieve the compelling government objective. Any party
8 aggrieved by an order not meeting this standard may petition the court to have the order modified or
9 vacated.
10 2 Effective Date. This act shall take effect January 1, 2022.


Statutes affected:
Introduced: 458:16
Ought to Pass: 458:16
latest version: 458:16