Legal Question in Criminal Law in New Hampshire
ex-parte
How does someone who was put out of their house because of a domestic incident file an ex-parte to get back in. This is a divorced man with a 5 year old child who built his house and has closed on his house a week ago with a new girlfriend who hit him and then called police.
1 Answer from Attorneys
Re: ex-parte
The particulars of how to regain access to your home will depend on the allegations made in the complainant's (the girlfriend's) allegation to the court. The temporary restraining order will have a review date (a date when he must show up in court) at which time the judge will hear evidence and decide whether to extend the restraining order (typically for one year).
Bottom line: this man needs to be represented by an attorney; if he loses, he could lose use of his home for a year, but, even if he wins, he needs to take steps to secure custody of his child. If his girlfriend is abusive, and he is not around, then the child is at risk.
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