NH
New Hampshire House Bill HB438

New Hampshire 2023 Regular Session

New Hampshire House Bill HB438

Introduced
1/11/23  
Refer
1/11/23  

Caption

Relative to the right of representation in family court.

Impact

If passed, HB 438 would amend existing laws regarding the protection of persons from domestic violence by formally allowing the presence of a support person during hearings and depositions. This change is intended to enhance the emotional safety and well-being of individuals in a vulnerable situation, particularly those facing their abuser in court. By ensuring that emotional support can be readily accessible, the bill aims to improve the ability of victims to engage with the legal process and, ultimately, secure justice.

Summary

House Bill 438 aims to establish the right of parties in family court proceedings to have a support person present. The bill recognizes that victims of domestic violence often struggle to testify or participate in legal processes without the emotional comfort provided by a close friend or family member. It asserts the necessity of offering this right to all individuals at the start of family court proceedings, regardless of any proof of domestic abuse or post-traumatic stress disorder. The intention is to prevent circumstances where victims feel unable to testify, thereby allowing abusers to evade accountability for their actions.

Sentiment

The overall sentiment surrounding HB 438 appears to be largely positive among advocates for domestic violence survivors and their support networks. They view the bill as a necessary step toward improving the accessibility and comfort of the court environment for victims. However, there may be discussions regarding the implementation details and how the support person's presence is managed in court, especially concerning the dynamics of testimony and courtroom decorum.

Contention

Potential points of contention may include concerns from legal practitioners about the implications of allowing support persons in the courtroom, such as maintaining order and ensuring that the proceedings remain focused. Critics might argue that while the intent is commendable, practical challenges may arise regarding the balance between providing supportive environments for victims and upholding the integrity of the judicial process.

Companion Bills

No companion bills found.

Previously Filed As

NH HB1550

Relative to the right of children and teenagers to testify in family court proceedings.

NH SB459

Establishing a committee to study the child protection act; establishing a right to submit evidence and testimony in family court proceedings; relative to wage garnishment with child support payments; and relative to parenting coordinators in high-conflict cases.

NH HB1435

Relative to the right of a victim of domestic violence to have a support person present when testifying or being deposed.

NH HB218

Relative to court rules and transcripts in the judicial branch family division.

NH HB1436

Relative to appeals of family court decisions.

NH HB1142

Relative to the right to submit evidence and testimony in family court proceedings.

NH HB1551

Relative to the right of a party in a family court case to create their own written transcripts of court proceedings.

NH HB243

Relative to relative to the penalty for false reports of suspected abuse and neglect made to the division for children, youth, and families, and relative to the maternal mortality review committee, electric vehicle charging stations and fees for annual testing by the division of weights and measures, and relative to the acceptance of portraits of Senator Sylvia Larsen and Senator Jeb Bradley for the state house.

NH HB553

Relative to the definition of abuse and neglect and conditions triggering a rebuttable presumption of harm in abuse and neglect cases.

NH HB200

Relative to choice of counselor to evaluate a child in family court proceedings.

Similar Bills

No similar bills found.