Types of Acts of Domestic Violence and Their Penalties

Domestic violence is a serious issue that affects countless families across the United States, including in New Hampshire. It encompasses a wide range of behaviors, all of which are designed to exert power and control over a partner or family member. If you or someone you know has experienced domestic violence, it’s important to work with a reputable defense attorney like Wiberg Law Office, PLLC.

In New Hampshire, the laws surrounding domestic violence are clear and include strict penalties for those who commit these acts. This article will outline the various forms of domestic violence, how the state defines them, and the penalties offenders face under New Hampshire law.

What Constitutes Domestic Violence?

In New Hampshire, domestic violence is defined as any act of physical, emotional, or psychological harm committed by one household or family member against another. This includes spouses, partners, co-parents, or anyone who lives in the same household. 

Under New Hampshire law, domestic violence also extends to acts of abuse between former partners or anyone with a familial relationship. Domestic violence can take many forms, and New Hampshire law recognizes multiple types of acts that fall under this category.

Physical Abuse

Physical abuse is perhaps the most visible and widely understood form of domestic violence. It involves any physical harm inflicted on a partner or family member, such as hitting, slapping, punching, kicking, or even using weapons to inflict injury. New Hampshire takes physical abuse seriously, with severe legal consequences for those who are convicted of it.

Penalties for physical abuse may vary depending on the severity of the injury and whether the offense involves aggravating factors like a weapon or prior convictions. For example, simple assault in New Hampshire may be classified as a misdemeanor, but if the victim sustains serious bodily injury, the offense could be classified as a felony. 

Felony convictions carry harsher penalties, such as longer prison sentences, higher fines, and mandatory counseling or domestic violence education programs.

Sexual Abuse

Sexual abuse is another serious form of domestic violence. It includes any form of unwanted sexual contact or coercion, ranging from rape to inappropriate touching or sexual assault.

In New Hampshire, sexual abuse within a domestic relationship is treated with the same severity as sexual abuse outside of a relationship. A person convicted of sexual abuse could face both criminal penalties and civil penalties.

Sexual assault can be charged under several different statutes, depending on the nature of the offense. For example, rape, aggravated sexual assault, and sexual assault are all criminal offenses with severe penalties. Convictions for sexual assault can result in long prison sentences, hefty fines, and mandatory registration as a sex offender.

Emotional or Psychological Abuse

Emotional or psychological abuse, though often less visible than physical abuse, is no less damaging. This type of abuse may involve constant belittling, controlling behavior, threats of harm, or manipulation designed to create fear and reduce the victim's self-worth. 

In New Hampshire, emotional abuse may not always result in criminal charges, but it can be the basis for a restraining order or other civil remedies.

The psychological toll of emotional abuse can be severe, and in some cases, a victim may seek legal action for harassment or threats. These behaviors can lead to a criminal charge for harassment or stalking if the abuser repeatedly threatens, intimidates, or engages in patterns of harassing behavior. Penalties for such crimes can include fines, restraining orders, and jail time.

Financial Abuse

Financial abuse occurs when one person in a domestic relationship seeks to control the other's financial resources or restrict their ability to work, access funds, or make financial decisions. This type of abuse is often subtle and can be difficult to detect, but it can have a devastating impact on the victim’s financial independence and overall well-being.

While financial abuse isn’t typically criminalized in the same way as physical or sexual abuse, it can be part of a larger pattern of domestic violence. In some cases, financial abuse may overlap with other criminal acts, such as theft, fraud, or coercion. 

If an individual is found guilty of committing financial abuse within the context of a domestic violence situation, they may face criminal charges under those respective laws.

Verbal Abuse

Verbal abuse is another common form of domestic violence. It can include yelling, name-calling, degrading language, or threats of harm. Verbal abuse can escalate over time and, in many cases, is a precursor to more severe forms of abuse, including physical or emotional harm.

While verbal abuse alone may not always result in criminal charges, it can lead to legal actions such as restraining orders, and in some cases, could be charged as harassment or disorderly conduct. Additionally, repeated verbal abuse could contribute to a pattern of behavior that influences future legal actions, such as a domestic violence conviction.

Acts of Domestic Violence and Their Penalties in New Hampshire

New Hampshire law treats domestic violence offenses with serious consideration, offering penalties that vary depending on the offense and the circumstances surrounding it. 

The state's domestic violence statutes are designed to protect victims and hold offenders accountable. Penalties often depend on the severity of the crime, whether the abuser has prior convictions, and whether any aggravating factors, such as the use of a weapon, are present.

Simple Assault

Simple assault involves intentionally causing bodily injury to another person or threatening them with harm. Under New Hampshire law, simple assault is generally classified as a misdemeanor but can escalate to a felony if it involves a weapon, prior convictions, or more severe injuries. The potential penalties for simple assault include:

• Penalty for misdemeanor simple assault: Up to one year in jail and/or a fine.

• Penalty for felony simple assault: Up to seven years in prison and a fine of up to $4,000.

Aggravated Felonious Sexual Assault

Aggravated felonious sexual assault involves acts of rape or other forms of severe sexual assault. If convicted, offenders face harsh penalties in New Hampshire. The penalty for aggravated felonious sexual assault typically includes up to 20 years in prison and potential fines.

Stalking and Harassment

Stalking or harassment occurs when an individual engages in a repeated pattern of behavior that causes the victim to fear for their safety or well-being. In New Hampshire, this is often associated with domestic violence, particularly when the perpetrator continuously threatens or follows the victim. The typical penalties for these charges include:

• Penalty for stalking: Up to one year in jail and/or a fine.

• Penalty for aggravated stalking: Up to seven years in prison and fines.

Domestic Violence Protection Orders

In addition to criminal penalties, New Hampshire law allows victims of domestic violence to seek civil remedies. One of the most common civil protections is a domestic violence protection order (DVPO), also known as a restraining order.

A DVPO can require the offender to stay away from the victim and refrain from contact. Violating a protection order can lead to further criminal charges, including contempt of court. A conviction for violating a DVPO may result in jail time, additional fines, or other penalties.

If the individual named in a protection order violates its terms, they could face strict penalties that include up to one year in jail and/or potential fines.

Child Abuse and Neglect

If domestic violence involves the mistreatment or neglect of a child, New Hampshire has strict laws to protect minors from harm. Any form of child abuse, including physical or emotional abuse, can lead to criminal charges, even if the abuse occurs within a domestic violence context.

The penalty for child abuse can range from several years in prison for severe cases to fines and rehabilitation programs for less severe cases.

Potential Criminal Defense Strategies

In cases of domestic violence in New Hampshire, criminal defense attorneys play a critical role in advocating for the accused. In these cases, several legal defenses may be available to a defendant, such as claiming self-defense, challenging the credibility of the victim, or presenting evidence that the alleged abuse did not occur.

It's important to note that individuals charged with domestic violence offenses should consult a criminal defense attorney immediately. A skilled attorney can help traverse the intricacies of the legal process, assess the evidence, and prepare a robust defense strategy. Common defenses in domestic violence cases may include:

• Self-defense: Arguing that the accused acted to protect themselves or others from imminent harm.

• False allegations: Claiming that the accusations are fabricated or exaggerated.

• Lack of intent: Arguing that the actions were unintentional or accidental.

Regardless of the specific defense, the involvement of a criminal defense attorney is crucial for providing a fair trial and avoiding unnecessary penalties.

Enlist Experienced Legal Support Today

For anyone facing charges related to domestic violence, a criminal defense attorney in New Hampshire plays an essential role. Attorney Sven Wiberg serves clients in Portsmouth, New Hampshire, and the surrounding areas of Rockingham County, Strafford County, Hillsborough, Dover, and Manchester. Give the Wiberg Law Office, PLLC a call today to schedule a consultation.