Vetoed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes a protective order for adults deemed vulnerable.

Highlights:

• Defines “Abuse” as emotional, physical, sexual, or other forms of abuse including assault, reckless conduct, or criminal threatening (Sec. 1).

• Defines “Emotional abuse” as the misuse of power, authority, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult (Sec. 1).

• Authorizes a vulnerable adult, guardian, or attorney of a vulnerable adult to file a protective order petition with the Department of Health and Human Services to remove an individual’s firearm if they are deemed a threat (Sec. 1).

• Requires the court to hold a hearing within 30 days of filing the petition, or within 10 days of service to process the defendant, whichever occurs later and authorizes the above mentioned time frame to be extended an additional 10 days upon motion by either party (Sec. 1).

• Specifies that any protective order issued by another state, tribal or territorial court related to abuse, exploitation or neglect of a vulnerable adult shall be valid (Sec. 1).

• Authorizes a court to enter temporary orders to remove an individual’s firearm with or without notice to the defendant to protect the plaintiff upon showing an immediate and present danger of abuse, exploitation, or neglect (Sec. 1).

• Specifies that the protective order shall prohibit the defendant from entering the premises where the plaintiff resides unless when accompanied by law enforcement to retrieve personal belongings such as toiletries, medication, clothing, or business equipment (Sec. 1).

• Specifies that a protective order shall not prohibit the attorney or any other individual acting on behalf of the defendant from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that establishes a protective order for adults deemed vulnerable.

Highlights:

• Defines “Abuse” as emotional, physical, sexual, or other forms of abuse including assault, reckless conduct, or criminal threatening (Sec. 1).

• Defines “Emotional abuse” as the misuse of power, authority, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult (Sec. 1).

• Authorizes a vulnerable adult, guardian, or attorney of a vulnerable adult to file a protective order petition with the Department of Health and Human Services to remove an individual’s firearm if they are deemed a threat (Sec. 1).

• Requires the court to hold a hearing within 30 days of filing the petition, or within 10 days of service to process the defendant, whichever occurs later and authorizes the above mentioned time frame to be extended an additional 10 days upon motion by either party (Sec. 1).

• Specifies that any protective order issued by another state, tribal or territorial court related to abuse, exploitation or neglect of a vulnerable adult shall be valid (Sec. 1).

• Authorizes a court to enter temporary orders to remove an individual’s firearm with or without notice to the defendant to protect the plaintiff upon showing an immediate and present danger of abuse, exploitation, or neglect (Sec. 1).

• Specifies that the protective order shall prohibit the defendant from entering the premises where the plaintiff resides unless when accompanied by law enforcement to retrieve personal belongings such as toiletries, medication, clothing, or business equipment (Sec. 1).

• Specifies that a protective order shall not prohibit the attorney or any other individual acting on behalf of the defendant from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding (Sec. 1).

Full Bill Text