Podcast
Questions and Answers
Which court divisions in New Hampshire have concurrent jurisdiction over domestic violence proceedings under Chapter 173-B?
Which court divisions in New Hampshire have concurrent jurisdiction over domestic violence proceedings under Chapter 173-B?
- Superior Court and Probate Court
- Probate Division and Superior Court
- Supreme Court and District Court
- District Division and Judicial Branch Family Division of the Circuit Court (correct)
Under what condition does a plaintiff in a domestic violence case have the option to commence proceedings in a county or district where they temporarily reside?
Under what condition does a plaintiff in a domestic violence case have the option to commence proceedings in a county or district where they temporarily reside?
- If the defendant resides in that county or district.
- If the plaintiff has left their household or premises to avoid further abuse. (correct)
- If the plaintiff prefers the venue for personal reasons.
- If the plaintiff is employed in that county or district.
Under what circumstances can proceedings under Chapter 173-B be transferred to another court?
Under what circumstances can proceedings under Chapter 173-B be transferred to another court?
- Only if the plaintiff requests the transfer.
- Only if all parties agree to the transfer.
- Upon the motion of any party or of the court, as the interests of justice or the convenience of the parties may require. (correct)
- Only if the court determines the original venue lacks jurisdiction.
What is the most accurate interpretation of 'concurrent jurisdiction' as it applies to domestic violence cases in New Hampshire?
What is the most accurate interpretation of 'concurrent jurisdiction' as it applies to domestic violence cases in New Hampshire?
In a domestic violence case, if the plaintiff temporarily resides in a different county for safety, which factor primarily determines the venue option according to RSA 173-B?
In a domestic violence case, if the plaintiff temporarily resides in a different county for safety, which factor primarily determines the venue option according to RSA 173-B?
What is the legal impact of the repeal of section IV under RSA 173-B:2?
What is the legal impact of the repeal of section IV under RSA 173-B:2?
A plaintiff, fleeing abuse, establishes temporary residence in a different district. According to RSA 173-B:2, what condition must be met for them to commence proceedings in that district?
A plaintiff, fleeing abuse, establishes temporary residence in a different district. According to RSA 173-B:2, what condition must be met for them to commence proceedings in that district?
If a court decides to transfer proceedings under Chapter 173-B, what principle guides their decision?
If a court decides to transfer proceedings under Chapter 173-B, what principle guides their decision?
What does RSA 173-B:2 indicate about the relationship between the district division and the family division of the circuit court regarding domestic violence cases?
What does RSA 173-B:2 indicate about the relationship between the district division and the family division of the circuit court regarding domestic violence cases?
In the context of transferring a case under RSA 173-B:2, what does "convenience of the parties" primarily refer to?
In the context of transferring a case under RSA 173-B:2, what does "convenience of the parties" primarily refer to?
If a domestic violence case is eligible to be heard in either the District Division or the Judicial Branch Family Division, what determines which court initially hears the case?
If a domestic violence case is eligible to be heard in either the District Division or the Judicial Branch Family Division, what determines which court initially hears the case?
In what way does the provision allowing a plaintiff to commence proceedings in their temporary residence contribute to the purpose of Chapter 173-B?
In what way does the provision allowing a plaintiff to commence proceedings in their temporary residence contribute to the purpose of Chapter 173-B?
A judge is considering transferring a domestic violence case to another court. Which of the following factors would be most relevant to the decision, according to RSA 173-B:2?
A judge is considering transferring a domestic violence case to another court. Which of the following factors would be most relevant to the decision, according to RSA 173-B:2?
How does the concept of 'interests of justice' apply when a court considers transferring a case under RSA 173-B:2?
How does the concept of 'interests of justice' apply when a court considers transferring a case under RSA 173-B:2?
Given that both the District Division and the Judicial Branch Family Division have jurisdiction over domestic violence cases, what might influence a plaintiff's decision to file in one court versus the other?
Given that both the District Division and the Judicial Branch Family Division have jurisdiction over domestic violence cases, what might influence a plaintiff's decision to file in one court versus the other?
Why is it important that the plaintiff has the option to commence proceedings where they temporarily reside after fleeing abuse?
Why is it important that the plaintiff has the option to commence proceedings where they temporarily reside after fleeing abuse?
What is the most likely reason for the inclusion of the phrase 'as the interests of justice or the convenience of the parties may require' in the context of transferring cases?
What is the most likely reason for the inclusion of the phrase 'as the interests of justice or the convenience of the parties may require' in the context of transferring cases?
A plaintiff files for a protective order in the District Division, but the defendant argues the Family Division is more appropriate due to ongoing child custody issues. How should the court decide, according to RSA 173-B:2?
A plaintiff files for a protective order in the District Division, but the defendant argues the Family Division is more appropriate due to ongoing child custody issues. How should the court decide, according to RSA 173-B:2?
In a situation where a plaintiff chooses to file in their temporary residence after fleeing abuse, what legal challenge might the defendant raise regarding jurisdiction?
In a situation where a plaintiff chooses to file in their temporary residence after fleeing abuse, what legal challenge might the defendant raise regarding jurisdiction?
How does the concurrent jurisdiction of the District Division and the Judicial Branch Family Division impact the legal strategy of a party involved in a domestic violence case?
How does the concurrent jurisdiction of the District Division and the Judicial Branch Family Division impact the legal strategy of a party involved in a domestic violence case?
Flashcards
Concurrent Jurisdiction
Concurrent Jurisdiction
Both the district division and the judicial branch family division of the circuit courts have the authority to handle cases under this chapter.
Plaintiff's Residence Option
Plaintiff's Residence Option
If abuse caused the plaintiff to leave home, they can start the legal process where they are temporarily living.
Transfer of Proceedings
Transfer of Proceedings
Cases may be moved to a different court if it's fairer or more convenient for those involved.
Study Notes
Jurisdiction
- The district division and the judicial branch family division of the circuit courts have concurrent jurisdiction over all proceedings in this chapter.
Venue Options
- A plaintiff who has left their home to avoid further abuse can start proceedings where they temporarily reside.
Transfer of Proceedings
- Proceedings can be transferred to another court if it is required for the interests of justice.
- Proceedings can be transferred to another court if it is required for the convenience of the parties.
- This transfer can be requested by any party or by the court itself.
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