CONNECTICUT : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Domestic violence in Connecticut is also known as "physical abuse by family or household member."
It is defined as a continuous threat of present physical pain or physical injury by another family or household member, or a current or former dating partner.
It is possible to file for a restraining order against any one of the following people:
You can also seek a Restraining Order on behalf of your minor child.
Note: Under the legal definition, you may also apply for a Restraining Order against a current or former same-sex partner. Be advised that judges do not always rule consistently in these cases.
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A Temporary (ex parte) Restraining Order
This is a court order designed to provide you and your family members with immediate protection from your abuser. "Ex Parte" means that you can get the Order without your abuser present in court. If the judge grants you a Temporary Restraining Order, s/he will also schedule a hearing within 14 days. Your Temporary (ex parte) Restraining Order will protect you from the time you file for the Restraining Order until your full court hearing for a long-term Order can take place.
Your Temporary (ex parte) Restraining Order is in effect the day that it is signed. The accused abuser can be arrested if s/he disobeys the order after receiving notice of it.
Note: If you are in the middle of a divorce, the court may want to hear from the other side before giving a Restraining Order.
A Permanent Restraining Order
This can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It is designed to stop violent and harassing behavior and to protect you and your family from the abuser. It lasts up to six months, but can be extended.
Note: In Connecticut, there is also something called a Protective Order. A Protective Order is similar to a Restraining Order, but is issued ONLY when an arrest has been made. A Protective Order is issued by Criminal Court.
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A Restraining Order can:
All provisions are contingent on the facts of each individual case.
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There is no cost for a restraining order. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a restraining order. Although you do not need legal counsel to file for one, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.
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If your abuser violates a standing restraining order, there are two ways in which you can seek action:
Through the Police or Sheriff (Criminal)
If the defendant violates the Restraining Order, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a Restraining Order and the defendant is violating it. If the defendant is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a Restraining Order. If the defendant is found guilty of a violation of a Restraining Order, he or she may be put in jail.
Through the Civil Court System (Civil)
You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your Restraining Order tells him or her not to do. To file for civil contempt, go to the clerk's office and ask for the forms to file for civil contempt.
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