Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your particular situation consult a licensed New Hampshire attorney.

What the law treats as assault in New Hampshire

In New Hampshire, criminal assault is governed by the state criminal statutes. The statutory chapter covering assaults and related offenses is commonly cited as RSA chapter 631. The criminal statutes define different assault offenses and penalties depending on the facts and harm. See RSA chapter 631 for the statutory language: RSA 631:1 and related sections at the New Hampshire General Court website: RSA Chapter 631.

Different legal tracks: criminal vs. civil

There are two main legal tracks where “assault” evidence matters:

• Criminal prosecution: The state must prove the defendant’s guilt beyond a reasonable doubt. Prosecutors rely on evidence to meet that high standard.
• Civil claim or restraining order: A person can sue civilly for assault and/or battery or seek a protective order. The standard in civil court is lower (preponderance of the evidence—more likely than not).

Types of evidence that commonly prove assault

To build a strong case in New Hampshire, use multiple evidence types that corroborate each other. No single item is required, but the combination matters.

1. Eyewitness testimony

Firsthand witness statements are often powerful. Witnesses should be prepared to describe exactly what they saw and heard (timing, words, actions, and whether contact occurred). Get names and contact information as soon as possible.

2. Photographs and video

Photos of injuries, damaged clothing, or the scene taken immediately after the incident are persuasive. Surveillance video, doorbell camera footage, or a bystander’s smartphone video can corroborate timing, location, and what actually happened.

3. Medical records and treatment notes

Records from emergency care, urgent care, or a physician document injuries, the treating professional’s observations, and the timing of treatment. These records help connect the alleged assault to physical harm.

4. Police reports and 911/dispatch records

Report narratives, officer observations, and any statements taken at the scene are useful. 911 call recordings or transcripts can show the victim’s account immediately after the event and evidence of disturbance or threat.

5. Contemporaneous statements and written records

Text messages, emails, social media posts, written threats, or a journal entry made close in time to the incident can show intent, threats, or the pattern of behavior.

6. Physical and forensic evidence

Blood, torn clothing, fingerprints, bruising patterns, or other forensic traces can link a person to the event. Preserve items (bag them separately) and tell law enforcement you believe they may be relevant.

7. Voice and audio recordings

Audio that captures threats, admissions, or the assault itself may be powerful. New Hampshire’s laws on recording vary depending on where and how the recording was made; consult an attorney about admissibility before relying on such evidence in court.

8. Expert testimony

Medical experts can explain injury timing and cause. Forensic experts can interpret DNA or other physical evidence. These experts help juries or judges understand technical evidence.

9. Prior incidents and pattern evidence

If the defendant has engaged in similar conduct against the same victim (or in a relevant pattern), evidence of prior acts may be admissible in some circumstances to show intent or pattern—though courts restrict this carefully. An attorney can advise on admissibility under New Hampshire law and the rules of evidence.

How to preserve and document evidence

1. Get medical care immediately and request copies of medical records and photos taken by providers.
2. Take clear photos and video of injuries and the scene right away from multiple angles.
3. Save texts, emails, voicemails, social posts, and screenshots in multiple places (cloud backup, USB, printed copies).
4. Ask eyewitnesses to write or record what they saw while it’s fresh. Collect contact details.
5. Report the incident to police and request a copy of the report and any body-cam or dispatch recordings.
6. Keep physical items (clothing, weapons) in a secure place and avoid altering them. Mark chain of custody details (who had the item and when).
7. Note precise dates, times, and locations; create a written timeline of events as soon as you can.

Practical considerations for court in New Hampshire

• Criminal cases: prosecutors decide whether to charge. If charged, the prosecutor must prove each element of the offense beyond a reasonable doubt using admissible evidence like the types listed above (RSA Chapter 631).
• Civil cases and protective orders: courts evaluate whether the plaintiff/victim has shown the claim by a preponderance of the evidence. The evidence threshold is lower than in criminal court, so the same evidence can have different effects.
• Chain of custody and authentication: courts require you to show that physical or digital evidence is authentic and unaltered. Keep records that document who handled the evidence and when.
• Admissibility and legality: some evidence (for example, certain recordings) can be excluded if obtained illegally. Consult an attorney before relying on disputed evidence.

When to talk to an attorney

Talk with a New Hampshire attorney if you plan to press criminal charges, file a civil suit, or request a protective order. An attorney can help preserve evidence, advise on admissibility under New Hampshire rules, and represent your interests in court.

Helpful Hints

• Prioritize safety: seek medical help and, if you are in danger, call 911.
• Preserve evidence immediately—digital files degrade or get deleted; physical evidence can be lost.
• Write a detailed timeline within 24–48 hours while memory is fresh.
• Ask police how to obtain the incident report and any recordings related to your case.
• Keep one secure copy of all evidence and one working copy for sharing with counsel or law enforcement.
• Do not post incriminating or detailed accounts to public social media—this can complicate legal proceedings.
• If you need a protective order, act quickly; temporary orders can be available on short notice in domestic violence or stalking situations.
• Bring a folder with your evidence, medical records, photos, and witness contacts when meeting an attorney or attending court.

For statute language about criminal assault in New Hampshire, see the state legislature’s statutes on assaults: RSA Chapter 631 (Assaults). If you need help finding an attorney in New Hampshire, consider contacting the New Hampshire Bar Association or a local lawyer-referral service.

Again: This article is informational only and does not create an attorney-client relationship or provide legal advice. Consult a licensed New Hampshire attorney about your case.