NH Creates Family Division Complex Case Docket

New Hampshire families now have another option if they find themselves dealing with a particularly complicated and drawn out divorce.  At the end of 2014 the Family Division Complex Case Docket was created to assist with efficient resolution of complex divorce cases.  These cases can involve complex assets, such as businesses, or significant assets with disputed values.  There could be novel legal issues that are not yet settled in New Hampshire or a critical need for fast resolution.  Are the parties particularly litigious or is the trial expected to take several days?  These cases could also be appropriate for the Complex Case Docket.  This docket provides one Judge who will be sitting on these specially assigned cases providing the opportunity for close management and supervision.   With increasing delays in the NH Family Courts the creation of this Complex Case Docket could be a valuable tool for parties involved in a complicated or protracted divorce that cannot wait years for resolution and requires the dedication of a Judge assigned specially to handle these types of cases.  If you believe you have a case that should be referred to the Complex Case Docket call today to discuss this option.  Though all cases will be heard in the Strafford County Building in Dover,  cases from any county in New Hampshire are eligible.   

New Hampshire Stalking Law Changes by Attorney Danielle Richey Santuccio

New Hampshire Stalking Laws have undergone some significant changes that take effect on January 1, 2015.  Below is the language of New Hampshire Stalking Law RSA 633:3-a "Stalking", and the changes that go into effect on January 1, 2015 are included in the body of the statutory language below:  

   RSA 633:3-a Stalking:

    I. A person commits the offense of stalking if such person:
       (a) Purposely, knowingly, or recklessly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, and the person is actually placed in such fear;
       (b) Purposely or knowingly engages in a course of conduct targeted at a specific individual, which the actor knows will place that individual in fear for his or her personal safety or the safety of a member of that individual's immediate family; or
       (c) After being served with, or otherwise provided notice of, a protective order pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section, or an order pursuant to RSA 597:2 that prohibits contact with a specific individual, purposely, knowingly, or recklessly engages in a single act of conduct that both violates the provisions of the order and is listed in paragraph II(a).
    II. As used in this section:
       (a) "Course of conduct'' means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A course of conduct shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof:
          (1) Threatening the safety of the targeted person or an immediate family member.
          (2) Following, approaching, or confronting that person, or a member of that person's immediate family.
          (3) Appearing in close proximity to, or entering the person's residence, place of employment, school, or other place where the person can be found, or the residence, place of employment or school of a member of that person's immediate family.
          (4) Causing damage to the person's residence or property or that of a member of the person's immediate family.
          (5) Placing an object on the person's property, either directly or through a third person, or that of an immediate family member.
          (6) Causing injury to that person's pet, or to a pet belonging to a member of that person's immediate family.
          (7) Any act of communication, as defined in RSA 644:4, II.
       (b) "Immediate family'' means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person, any person residing in the household of the targeted person, or any person involved in an intimate relationship with the targeted person.
    III. [Repealed.]

[Paragraph III-a effective until January 1, 2015; see also paragraph III-a set out below.]

    III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court or the superior court in the county or district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B.

[Paragraph III-a effective January 1, 2015; see also paragraph III-a set out above.]

    III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court in the district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B.
    III-b. The minority of a plaintiff or defendant shall not preclude the court from issuing protective orders under this section.
    III-c. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order.
    III-d. (a) A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact.
       (b) A no-contact provision in a protective order issued pursuant to this section shall not be construed to:
          (1) Prevent contact between counsel for represented parties; or
          (2) Prevent a party from appearing at a scheduled court or administrative hearing; or
          (3) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters.
       (c) A violation of this paragraph may result in a finding of contempt of court.
    IV. In any complaint, information, or indictment brought for the enforcement of any provision of this statute, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant.
    V. Any law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within 12 hours, regardless of whether the crime occurred in the presence of the officer. A law enforcement officer shall arrest a person when he has probable cause to believe a violation of the provisions of this section has occurred within the last 12 hours when the offense involves a violation of a protective order issued pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section.
    VI. (a) Any person convicted of a violation of this section and who has one or more prior stalking convictions in this state or another state when the second or subsequent offense occurs within 7 years following the date of the first or prior offense shall be guilty of a class B felony.
       (b) In all other cases, any person who is convicted of a violation of this section shall be guilty of a class A misdemeanor.
    VII. If any provision or application of this section or the application thereof to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

[Paragraph VIII effective January 1, 2015.]

    VIII. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Stalking--Domestic Violence.'' 

If you are faced with a stalking charge of a civil stalking petition, act fast and call Attorney Danielle Richey Santuccio today for a consultation at 1-603-447-1700.

Attorney Danielle Richey Santuccio

DISCLAIMER: This is legal advertising.  It does not constitute legal advice.

New Hampshire Divorce Laws by Attorney Danielle Richey Santuccio

Welcome to my blog about New Hampshire laws, which includes New Hampshire Family Law, divorce law, child custody laws, legal issues regarding parenting plans, domestic violence petitions, stalking orders and other related New Hampshire laws.  These laws can affect your rights and the rights, welfare and future of your children.  I will be adding legal topics and laws in the coming weeks and months and I encourage you to read this frequently, and subscribe to my blog.

I am an experienced family law litigator.  My office in in Conway, New Hampshire, and I practice in Carroll County and throughout the state of New Hampshire representing individuals with family law issues.  Know your rights and protect your assets.

Call me for an initial consultation today!

Attorney Danielle L. Richey Santuccio
Conway, New Hampshire
1-603-447-1700

New Hampshire Law on Alimony by Attorney Danielle L. Richey Santuccio

In New Hampshire, court ordered alimony is governed by New Hampshire Law RSA 458:19.  This law requires two factors before a Court will award alimony: the proposed recipient of the alimony must demonstrate the need for alimony, and the proposed payer of the alimony must have the ability to pay it. To determine the amount of alimony, the Court has to consider the length of the parties' marriage; their ages, their health, their social or economic status, their occupation(s), their amount of income and sources of income, the property awarded to either party in the divorce, their vocational skills, current and future employability, any estate, their liabilities, and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income; the fault of either party as defined in RSA 458:16-a, II(l); and the federal tax consequences of the potential alimony order by the Court.

Do you have questions about alimony or possible alimony?  Call me for a consultation today:

Attorney Danielle Richey Santuccio

1-603-447-4206

DISCLAIMER: This is legal advertising.  It does not constitute or create any attorney-client relationship.

Is There a New Hampshire Alimony Law? By Attorney Danielle Richey Santuccio

Alimony is governed by RSA 458:19. The law says that the recipient must have the need for alimony, and the payor must have the ability to pay. The alimony award must take into account the lifestyle of the parties during the marriage. In determining the amount of alimony, the court must consider the length of the marriage; the age, health, social or economic status, occupation, amount and sources of income, the property awarded to either party, vocational skills, employability, estate, liabilities, and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income; the fault of either party as defined in RSA 458:16-a, II(l); and the federal tax consequences of the order.  Here is the New Hampshire law on Alimony:

Alimony, Allowances, Custody, etc.

Section 458:19

    458:19 Alimony. –
    I. Upon motion of either party for alimony payments, the court shall make orders for the payment of alimony to the party in need of alimony, either temporary or permanent, for a definite or indefinite period of time, if the motion for alimony payments is made within 5 years of the decree of nullity or divorce and the court finds that:
       (a) The party in need lacks sufficient income, property, or both, including property apportioned in accordance with RSA 458:16-a, to provide for such party's reasonable needs, taking into account the style of living to which the parties have become accustomed during the marriage; and
       (b) The party from whom alimony is sought is able to meet reasonable needs while meeting those of the party seeking alimony, taking into account the style of living to which the parties have become accustomed during the marriage; and
       (c) The party in need is unable to be self-supporting through appropriate employment at a standard of living that meets reasonable needs or is allocated parental rights and responsibilities under RSA 461-A for a child of the parties whose condition or circumstances make it appropriate that the parent not seek employment outside the home.
    II. Upon motion of either party, the court may make orders for the payment of an alimony allowance when such orders would be just and equitable.
    III. Upon a decree of nullity or divorce, or upon the renewal, modification, or extension of a prior order for alimony, the court may order alimony to be paid for such length of time as the parties may agree or the court orders.
    IV. (a) The court may make orders for alimony in a lump sum, periodic payments, or both.
       (b) In determining the amount of alimony, the court shall consider the length of the marriage; the age, health, social or economic status, occupation, amount and sources of income, the property awarded under RSA 458:16-a, vocational skills, employability, estate, liabilities, and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income; the fault of either party as defined in RSA 458:16-a, II(l); and the federal tax consequences of the order.
       (c) In determining amount and sources of income, the court shall not consider a minor child's social security benefit payments or a second or subsequent spouse's income. The court may consider veterans' disability benefits collected by either or both parties to the extent permitted by federal law.
       (d) The court may also consider the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates and the noneconomic contribution of each of the parties to the family unit.
       (e) In any proceeding for modification of an existing alimony order, the earned or unearned income and social security disability payments of a spouse of the obligor party shall not be considered a source of income to that obligor party for the purpose of modification, unless the obligor party resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of a subsequent spouse may be imputed to the obligor party only to the extent that such obligor party could have earned income in his or her usual employment. In such actions, the court may consider the veteran's disability benefits of a spouse of the obligor party to the extent permitted by federal law.
    V. The unanticipated consequences of changes in federal tax legislation or regulations may be grounds to modify any alimony order or agreement.
    VI. The court shall specify written reasons for the granting or denial of any motion for an alimony allowance.
    VII. In cases where the court issues an order for permanent alimony for a definite period of time, such order may be renewed, upon the petition of either party, provided that such petition is made within 5 years of the termination date of the permanent alimony order. Nothing in this paragraph shall be construed to change or alter in any way the terms of the original alimony order.\

CALL TO ACTION:

Are you facing divorce proceedings in which alimony is, or may be, an issue?  Call Attorney Danielle Richey Santuccio today for a consultation! Know your rights!

Attorney Danielle Richey Santuccio 1-603-447-1700

DISCLAIMER: This is legal advertising.  This blog does not create an attorney-cleint relationship.