New Hampshire Revised Statutes 354-B:2 – Civil Action by Attorney General
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I. Whenever the attorney general has probable cause to believe that any person has violated any provision of this chapter, the attorney general may bring a civil action for injunctive or other appropriate equitable relief.
II. The civil action brought by the attorney general shall be filed in the superior court or, in the case of a child under the age of 17, either in superior court or the district court in the county or judicial district where the alleged violator resides or where the alleged conduct occurred. In the case of a child under the age of 17, all such proceedings shall be confidential.
III. Testimony given during civil proceedings held under this chapter by a person alleged to have violated any provision of this chapter shall not be admissible in a criminal proceeding against that person when the criminal proceeding is based on the same event.
IV. In a civil action brought under this chapter, the attorney general shall have the burden of proving the violation by clear and convincing evidence.
II. The civil action brought by the attorney general shall be filed in the superior court or, in the case of a child under the age of 17, either in superior court or the district court in the county or judicial district where the alleged violator resides or where the alleged conduct occurred. In the case of a child under the age of 17, all such proceedings shall be confidential.
Terms Used In New Hampshire Revised Statutes 354-B:2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
III. Testimony given during civil proceedings held under this chapter by a person alleged to have violated any provision of this chapter shall not be admissible in a criminal proceeding against that person when the criminal proceeding is based on the same event.
IV. In a civil action brought under this chapter, the attorney general shall have the burden of proving the violation by clear and convincing evidence.