Connecticut Restraining Orders
There are three types of civil restraining orders available in Connecticut.
Read on to see how they are different and to see which type applies to your current situation. You will also learn what the court needs to see in order to grant a restraining order. This information will be helpful for those seeking a restraining order, as well as for those defending themselves against a restraining order. Lastly, we will show you where to find a lawyer for your restraining order case.
Civil Restraining Order (“Relief From Abuse”)
This first type of restraining order is only available between family or household members.
“Family or Household members” includes all of the following relationships:
(A) Spouses or former spouses
(B) parents or their children
(C) persons related by blood or marriage
(D) roommates or former roommates
(E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time
and (F) persons in, or who have recently been in, a dating relationship.
The Civil Restraining Order is intended for victims of domestic violence. Under the restraining order statute (Sec. 46(b)(1)(b)), domestic violence includes the following behaviors:
- A continuous threat of present physical pain or injury
- Stalking
- A pattern of threatening
- Coercive control
You must serve the defendant within three days of the scheduled court date.
Civil Protective Order
This second type of restraining order is available for anyone who doesn’t fall into the “family or household member” category. The burden of proof is slightly different than the restraining order between family members. The applicant must convince the judge that — due to the defendant’s actions — they are in fear for their physical safety, and that this fear is reasonable under the circumstances.
The Court will be looking for allegations of sexual abuse, sexual assault, or stalking.
“Stalking,” under this specific statute (Sec. 46(b)(16)(a), is defined as two or more willful acts performed in a threatening, predatory, or disturbing manner. The Court will be looking for the following behaviors to determine whether stalking has occurred:
- Harrassing
- Following
- Lying in wait for the other party
- Surveilling
- Monitoring
- Sending unwanted gifts
Two Important Notes:
- Unlike the Civil Restraining Order, the Court can deny a Civil Protective Order without a hearing. Having an experienced Family Law attorney by your side will give you the best chance to ensure your case is heard and your safety guaranteed.
- You must serve the defendant at least five days before the scheduled hearing date (Compared to 3 days for a restraining order against a family or household member).
Foreign Orders Of Protection
This third type of Court order applies when another state has issued a restraining or protective order against a person. Connecticut will honor the other state’s Court order, and the restraining or protective order will apply to the parties as if the order had been issued in Connecticut.
Connecticut Restraining Order — Key Takeaways
If You Are Seeking A Restraining Or Protective Order:
You should know that the applicant has a high burden of proof in convincing the Judge that a restraining order is necessary. Every year in Connecticut, hundreds of restraining orders are denied for failing to meet this burden. Preparation and your argument to the Court are critically important.
If You Are Defending Yourself Against A Restraining Or Protective Order:
You should know that having an active restraining or protective order entered against you is a very serious matter. If violated, you will be arrested regardless of whether you violated the order by accident. Violating a restraining order is a Class D felony, which carries a maximum prison sentence of five years.
This is not the kind of thing that can be easily brushed off or accepted.
For example: If the other party lives in the same area as you, the restraining order can greatly limit where you can go. If you and the other party frequent the same stores or venues, you will be unable to go to these locations with peace of mind. You will need to be on guard at all times to ensure you do not violate the restraining order. Therefore, it would be a great mistake to simply accept a restraining order without taking the opportunity to present your case in Court.
Whether you are seeking a restraining order or defending yourself against one, a reputable Family Law lawyer will provide you with the absolute best odds at winning your case. At the Bartinik Law Firm, our lawyers have decades of experience in arguing both sides of restraining orders. Don’t sell yourself short! Contact Lori Bartinik today at 860-445-8521.