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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.