173-B:1 Definitions

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Questions and Answers

According to RSA 173-B:1, which action would be considered 'abuse'?

  • An isolated instance of property damage without any accompanying threats.
  • Reckless conduct that presents a credible threat to the petitioner's safety, committed by a family member. (correct)
  • A single instance of harassment without evidence of an ongoing pattern of behavior.
  • A heated argument between spouses regarding financial matters.

Under RSA 173-B:1, what is the key criterion that elevates certain actions to the level of 'abuse'?

  • The presence of an ongoing pattern of behavior causing fear for safety or well-being. (correct)
  • Whether the act was premeditated or spontaneous.
  • The severity of the physical injury inflicted.
  • The monetary value of the property damaged.

Which of the following scenarios meets the definition of 'family or household member' according to RSA 173-B:1?

  • Cousins who live in different states and rarely communicate.
  • Persons who cohabited with each other but who no longer share the same residence. (correct)
  • Neighbors who share a fence line and occasionally disagree.
  • Former roommates who no longer live together and were never romantically involved.

How does RSA 173-B:1 define 'contact' in the context of domestic violence?

<p>Any action to communicate with another either directly or indirectly, including electronic communication or leaving items. (A)</p>
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What is the significance of 'cross orders for relief' as defined in RSA 173-B:1?

<p>They are separate orders granted to parties in a domestic violence situation where each party has filed a petition. (A)</p>
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According to RSA 173-B:1, what distinguishes a 'mutual order for relief' from other protective orders?

<p>It restrains both parties from abusing the other, originating from a petition filed by one party and arising from the same incident. (C)</p>
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What is the role of the 'coordinator' as defined within the context of RSA 173-B:1?

<p>To administer the domestic violence grant program, appointed by the commissioner. (C)</p>
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Under what circumstances can evidence of past acts be considered in determining 'abuse' according to RSA 173-B:1?

<p>When, in combination with recent conduct, it reflects an ongoing pattern of behavior causing fear for safety or well-being. (C)</p>
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According to RSA 173-B:1 which of the following offenses could be considered 'abuse'?

<p>Harassment as defined in RSA 644:4. (D)</p>
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In the context of RSA 173-B:1, how is 'intimate partners' defined?

<p>Persons currently or formerly involved in a romantic relationship, whether or not such relationship was ever sexually consummated. (A)</p>
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According to RSA 173-B:1, what constitutes a 'firearm'?

<p>Any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. (A)</p>
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Which of the following is defined as 'deadly weapon' according to RSA 173-B:1?

<p>Any firearm, knife, or other substance or thing that is likely to cause death or serious bodily injury. (C)</p>
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How would repeated unwanted text messages be categorized under RSA 173-B:1?

<p>Harassment (A)</p>
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If an individual causes another person to communicate with someone else, would this be considered contact under RSA 173-B:1?

<p>Yes, because 'contact' as defined in RSA 173-B:1 includes causing another to communicate in such fashion. (D)</p>
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What is the meaning of 'Foreign protective order' according to RSA 173-B:1?

<p>An order enforceable under RSA 173-B:13. (D)</p>
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Who is in charge of appointing the agency or organization that administers the Department of Health and Human Services domestic violence grant program?

<p>The commissioner of the department of health and human services (C)</p>
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What does RSA 173-B:1 outline?

<p>Definitions related to the protection of persons from domestic violence (C)</p>
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In the context of RSA 173-B:1, which of the following actions would be considered unauthorized entry?

<p>Entering a dwelling without permission, as defined in RSA 635:1 and RSA 635:2. (D)</p>
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What would a 'grantee' be?

<p>any private, town, city, or regional agency or organization receiving funds under RSA 173-B:16 (C)</p>
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According to RSA 173-B:1, what is the relationship between 'domestic violence' and 'abuse'?

<p>Domestic violence is defined as abuse in RSA 173-B:1, I. (B)</p>
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Flashcards

Abuse (RSA 173-B:1)

Commission/attempt of specific acts by a family/household member or intimate partner, posing a credible threat to safety. Includes assault, threatening, sexual assault, property destruction, harassment or animal cruelty.

Contact (RSA 173-B:1)

Any action to communicate with another, directly or indirectly, including electronic means or through a third party.

Domestic Violence Definition

Abuse as defined in RSA 173-B:1, I.

Family or Household Member

Spouses, ex-spouses, cohabitating persons, relatives by blood or marriage (excluding minor children residing with the defendant).

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Intimate Partners

Persons currently or formerly involved in a romantic relationship, regardless of sexual consummation.

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Mutual Order for Relief

An order restraining both parties from abusing the other, originating from a petition filed by one of the parties and arising from the same incident(s) of domestic violence.

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Cross Orders for Relief

Separate orders granted to parties in a domestic violence situation where each party has filed a petition on allegations arising from the same incident(s).

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Firearm

Any weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

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Foreign Protective Order

An order enforceable under RSA 173-B:13.

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Study Notes

  • This chapter provides definitions for terms used in the context of domestic violence and related protective measures.

Abuse

  • Abuse is defined as the commission or attempted commission of certain acts by a family or household member or a current or former sexual or intimate partner.
  • Acts of abuse include assault, reckless conduct, criminal threatening, sexual assault, interference with freedom, destruction of property, unauthorized entry, harassment, and cruelty to animals.
  • The conduct must constitute a credible present threat to the petitioner's safety.
  • The court may consider evidence of past acts, in combination with recent conduct, reflecting an ongoing pattern of behavior that causes the petitioner to fear for their safety or well-being.

Key Definitions

  • Applicant: Any private, town, city, or regional agency/organization applying for funds under RSA 173-B:16.
  • Commissioner: The commissioner of the department of health and human services.
  • Contact: Any action to communicate with another directly or indirectly, including electronic communication or causing another to communicate.
  • Coordinator: The agency/organization appointed by the commissioner to administer the domestic violence grant program.
  • Cross orders for relief: Separate orders granted to parties in a domestic violence situation where each party has filed a petition based on the same incidents.
  • Deadly weapon: As defined in RSA 625:11, V.
  • Department: The department of health and human services.
  • Domestic violence: Abuse as defined in RSA 173-B:1, I.
  • Family or household member: Spouses, ex-spouses, cohabitating persons, former cohabitating persons, parents, and other related persons, excluding minor children residing with the defendant.
  • Firearm: Any weapon, including a starter gun, that can expel a projectile using an explosive.
  • Foreign protective order: An order enforceable under RSA 173-B:13.
  • Fund: The special fund for domestic violence programs established by RSA 173-B:15.
  • Grantee: Any private, town, city, or regional agency/organization receiving funds under RSA 173-B:16.
  • Intimate partners: Persons currently or formerly involved in a romantic relationship, whether or not sexually consummated.
  • Mutual order for relief: An order restraining both parties from abusing each other, originating from a petition filed by one party and arising from the same incidents of domestic violence.
  • Program: Services or facilities provided to domestic violence victims.

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