Domestic Violence Crimes

Some Crimes that are considered Domestic Violence include:

• Assault or Reckless conduct,
• Criminal Threatening,
• Sexual Assault,
• Interference with Freedom (Kidnapping, Stalking),
• Destruction of Property (Criminal Mischief),
• Unauthorized Entry (Burglary, Trespassing).

See N.H. RSA 173-B:1, or click on the crime for more detailed information.

 

Domestic Violence crimes are taken very seriously in New Hampshire, and have serious potential consequences.

If you are arrested and charged with domestic violence, you will likely have a "no contact" order in place as part of your bail conditions. This prohibits you from seeing the alleged victim. If you live with that person, in all likelihood you will now have to move out of your home and find somewhere else to stay until the charge is resolved. This could take many months, or even years depending on appeals.

If you violate the no contact order, you will be arrested and likely charged with a new crime or violation of bail conditions.

Even if the victim does not want to pursue charges, the Prosecutor will usually continue to press charges against you. It is the State who is bringing charges against you, not the victim.

The next important consequence to many people is that if you are convicted of a domestic violence crime you will lose your right to possess a firearm under federal law. If you own guns, they will be seized while your case is still pending.

A condition or sentence in domestic violence cases often contains counseling. This could range from a simple evaluation, to more specific programs such as LADAC, directed at alcohol abuse, anger management, or a batterers program. Those programs are more intensive and can run many weeks and become very costly.

Finally, if you are charged with a Class A misdemeanor, or Felony, you are looking at a fine and Jail Time if convicted.

Attorney Hynes has experience handling all types of Domestic Violence crimes. He understands the unique consequences of domestic violence crimes, and works with clients to speed up the process and obtain a favorable result as soon as possible so that you can get your life back on track

Recent Case Results

Date: February 2010

Charge: Class A Misdemeanor - Criminal Mischief (Domestic Violence).

Facts: Client damaged property of another.

Location: Manchester District Court

Result: Attorney Hynes got the charge dismissed upon good behavior. The No Contact order was removed and client was free to see his girlfriend again. Further, Attorney Hynes filed a motion that sped up the case by more than a month. Client was able to get hire guns back.

 

Date: January 2010

Charge: Class A Misdemeanor - Simple Assault - Domestic Violence

Facts: Client pushed his partner, causing no bruises or physical injury. Partner did not want to press charges, but the Police arrested Client anyway after the neighbors called the police due to shouting. Client charged with Simple Assault for causing unprivileged contact. Trial was originally set for more than 3 months from the date of the offense. In the meantime, client had to give up his firearms and could not contact his partner, whom he lived with. Because of this, Client had to move out of his apartment.

Location: Manchester District Court

Result:Attorney Hynes filed a motion to move up the Court date by a couple of months so that Client could go home again and see his partner. The charge was dismissed with the condition that Client undertake a domestic violence evaluation. Client was able to get his guns back.

 

Date: January 2010

Charge: Class A Misdemeanor - Simple Assault

Facts: Client hit partner and grabbed the phone from his hand. Victim claimed history of abuse.

Location: Nashua District Court

Result: Attorney Hynes got a plea agreement where the charge would be dismissed as long as Client undertook family counseling. The no contact order was removed.