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20 A.3d 901
N.H.
2011
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Background

  • 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)
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Case Details

Case Name: Knight v. Maher
Court Name: Supreme Court of New Hampshire
Date Published: Apr 14, 2011
Citations: 20 A.3d 901; 161 N.H. 742; 2010-290
Docket Number: 2010-290
Court Abbreviation: N.H.
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    Knight v. Maher, 20 A.3d 901