20 A.3d 901
N.H.2011Background
- Knight and Maher are former spouses with three children; Knight seeks protection under RSA 173-B:5, I(a).
- In October 2009, they had a custody arrangement with Knight primary caregiver and Maher maintaining visitation.
- On March 18, 2010, Knight filed a domestic violence petition alleging Maher sent threatening emails/texts, made false accusations, and publicized claims harming his reputation and livelihood.
- At a 2010 hearing, Knight offered emails, texts, and news articles; he testified concerns for safety and property due to Maher’s conduct and public statements.
- Maher admitted sending communications and contacting media but denied false statements or intent to harm; she claimed motive was to compel court action regarding their children.
- The trial court granted a final protective order, finding Maher’s conduct constituted harassment and posed a credible threat to Knight’s safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Maher’s conduct constitute a credible threat to Knight’s safety? | Knight contends Maher’s ongoing communications and public allegations created a credible threat. | Maher argues there was no ongoing threat to Knight’s safety; communications were not aimed at causing harm. | No; insufficient evidence of a credible threat; order reversed. |
Key Cases Cited
- Walker v. Walker, 158 N.H. 602 (2009) (protective orders aim to safeguard family safety; require credible threat from abuse)
- In the Matter of Alexander and Evans, 147 N.H. 441 (2002) (harassment alone may not prove a credible threat to safety)
- Fillmore v. Fillmore, 147 N.H. 283 (2001) (weight given to trial court credibility findings in sufficiency review)
