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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Portsmouth Family Division No. 2007-405 CINTIA TOSTA v. RUSSELL BULLIS, JR. Submitted: January 31, 2008 Opinion Issued: February 26, 2008 Cintia Tosta, by brief, pro se. Minutelli Law Office, P.L.L.C., of Portsmouth (Steven J. Minutelli on the brief), for the defendant. BRODERICK, C.J. The defendant, Russell Bullis, Jr., appeals an order of the Portsmouth Family Division (DeVries, J.), entered on the recommendation of a Marital Master (Fishman, M.), denying his motion to dismiss a domestic violence petition filed by his wife, the plaintiff, Cintia Tosta. He also appeals the trial court's order granting her a final domestic violence protective order after a hearing. See RSA 173-B:5 (Supp. 2007). We reverse. The record reveals the following. On June 18, 2006, the parties were involved in an altercation while traveling in their car on a Massachusetts highway. It is undisputed that the defendant struck the plaintiff during the course of this argument, and that the blow caused her to bleed. Although the plaintiff contacted the police to report having been assaulted after the parties returned to their home in Hudson, no charges were ever filed against the

defendant in either Massachusetts or New Hampshire. The parties subsequently began divorce proceedings in the Portsmouth Family Division. Nevertheless, they continued to live together

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