Legal Question in Criminal Law in New Hampshire

Recently there was an altercating at my house in NH. I bought my home before I was married and it is in my name. My husband has a home in his name in MA, again purchased in his name prior to this marriage. During an argument, I repeatedly asked him to go to MA as my children with my first husband were home and it was escalating. After him saying no, i threw a cup of water at him. He was hit with water i still had the plastic cup in my hand. He in turn threw a wrench at me, hitting me in the leg as I was walking into the house. I called the police asking that someone ask him to leave the home, that the children were home. The police arrived we both told the same story, and I was arrested as the aggressor. The police never asked to see where the fight occured, they never asked where I was hit by the wrench. I returned to the police the next day demanding pictures of the bruising be taken. My questions are the following: if we each have a home in our name was I wrong to ask him to leave? Do police typically arrest the aggressor vs the more violent of charges? If I called the police for help, should it have been looked into more thoroughly?


Asked on 9/09/09, 3:16 pm

1 Answer from Attorneys

As a general rule, the police are under no obligation to side with the person who telephones the police (while there are public policy reasons as to why they should or should not, it is not mandatory) ; they are generally afforded the discretion to make arrests when they believe they have probable cause that a crime was committed.

Decisions regarding who stays or leaves a marital home (a home where a married couple reside) do not turn on whose name appears on the deed as a matter of law. People often have various reasons for placing or removing names from a deed, but marital property interests are not necessarily determined by this. Courts can, and often do,issue restraining orders and award temporary exlusive use of a home to people with no property interest in the building, to include boyfriends and girlfriends. Asking a person to leave is allowed, but ordering them to leave just because of whose name is on the deed would not be sustainable in court.

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Answered on 9/14/09, 4:42 pm


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