Bill Text: NH HB494 | 2021 | Regular Session | Introduced
Bill Title: Relative to temporary relief and permanent restraining orders issued in a divorce proceeding.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2021-05-27 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 05/27/2021; Senate Journal 17 [HB494 Detail]
Download: New_Hampshire-2021-HB494-Introduced.html
HB 494 - AS INTRODUCED
2021 SESSION
21-0623
05/04
HOUSE BILL 494
AN ACT relative to temporary relief and permanent restraining orders issued in a divorce proceeding.
SPONSORS: Rep. DeSimone, Rock. 14; Rep. Harb, Rock. 14; Rep. Baldasaro, Rock. 5; Sen. Birdsell, Dist 19
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that the court shall not issue an order in a divorce proceeding that infringes on a party's constitutional rights unless the court determines there is no less restrictive means to achieve a compelling government interest.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0623
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to temporary relief and permanent restraining orders issued in a divorce proceeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Annulment, Divorce, and Separation; Temporary Relief and Restraining Orders. Amend RSA 458:16 by inserting after paragraph II the following new paragraph:
II-a. If any order issued under this section, other than one brought under RSA 173-B, infringes on any right or rights a party may have as enumerated under either the federal or state constitution, the court shall identify the right or rights being infringed, and the compelling government objective to be achieved by the infringement. The court shall also make written findings that there is no less restrictive way to achieve the compelling government objective. Any party aggrieved by an order not meeting this standard may petition the court to have the order modified or vacated.
2 Effective Date. This act shall take effect January 1, 2022.