Thompson v. D'Errico
163 N.H. 20
N.H.2011Background
- Linda Thompson filed a domestic violence petition on April 12, 2011.
- Following an evidentiary hearing, the trial court found defendant D’Errico sent many text messages daily with extraordinarily foul language.
- The court found threats: told Thompson not to come near his house because he had a loaded shotgun; past attempt to place his hands around her neck halted by a family friend.
- The court concluded harassment under RSA 644:4 and issued a final order of protection.
- On reconsideration, the court detailed the text messages, including an April 3, 2011 message, and found a credible present threat based on prior threats and recent messages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is non-threatening foul language harassing under RSA 644:4(1)(b)? | Thompson | D’Errico | Yes; harassment narrowly tailored; upheld. |
| Do the text messages and evidence support Thompson's allegations and possible third-party involvement? | Thompson | D’Errico | Assume sufficiency without transcript; arguments rejected. |
| Was admission of text-message content properly preserved for review? | Thompson | D’Errico | Not preserved; reviewed declined. |
| Was there a credible present threat to Thompson's safety sufficient for a protective order? | Thompson | D’Errico | Yes; based on prior assault, shotgun threat, and a recent hostile message. |
Key Cases Cited
- State v. Gubitosi, 157 N.H. 720 (2008) (RSA 644:4(1)(b) narrowly tailored; offense to harass with coarse language)
- Bean v. Red Oak Prop. Mgmt., 151 N.H. 248 (2004) (record requirement; need transcript for review of factual findings)
- Hampers v. Hampers, 154 N.H. 275 (2006) (preservation of issues; trial-level objections required)
- Walker v. Walker, 158 N.H. 602 (2009) (presence of credible evidence showing more than generalized fear)
- Town of Nottingham v. Newman, 147 N.H. 131 (2001) (not relaxed for pro se litigants; appellate practice rules)