How to Get a Protection Order in Connecticut
If you are a resident of Connecticut and have been a victim of sexual abuse, sexual assault, or stalking, you may be eligible to apply for a protection order from the Superior Court. This article will provide you with a comprehensive guide on how to get a protection order in Connecticut, the application process, and the specific actions the court can take to help the person seeking the protection order.
If you are trying to learn how to file a restraining order against someone who is not a family or household member, it’s important to know that the term “restraining order” only applies to family-related or household-related orders. For civil-related orders, such as those involving stalking or harassment, you need to search for information on how to file a “protection order” instead.
A. Eligibility for a Protection Order in Connecticut
In order to be eligible for a protection order in Connecticut, you must meet the following criteria:
- You must be a victim of sexual abuse, sexual assault, or stalking.
- You cannot have obtained any other court order of protection arising out of the abuse, assault, or stalking.
- You do not qualify to seek relief under section 46b-15 of the Connecticut General Statutes.
How to Define Stalking when Filing a Protection Order in Connecticut:
Stalking, as defined by Connecticut law, involves:
(1) Two or more willful acts;
(2) That are performed in a threatening, predatory, or disturbing manner, such as harassing, following, lying in wait for, surveilling, monitoring, or sending unwanted gifts or messages to another person; and
(3) These acts must cause the victim to reasonably fear for their physical safety.
The Civil Protection Order Information Form (JD-CV-148), as shown below, helps you determine if you are eligible to file a protection order. You do NOT need to file this form with the court.
B. Application Process for a Protection Order in Connecticut
To apply for a protection order in Connecticut, you need to: (1) complete the application for a civil protection order, (2) complete the affidavit for a civil protection order; (3) file the two documents with the court; and (4) serve the other parties.
1. Prepare the Application
The application form for filing a protection order in Connecticut is JD-CV-143 and called “Application for Civil Protection Order” as shown below. The application must include an affidavit, made under oath, detailing the specific facts that form the basis for relief.
If disclosing your location information would jeopardize your health, safety, or liberty, or that of your children, you can request that your location information not be disclosed by completing Form JD-CV-163 called “Request for Nondisclosure of Location Information – Civil Protection Order”. The form is shown below.
2. Prepare the Affidavit
The affidavit form for filing a protection order in Connecticut is JD-CV-144 and called “Affidavit – Civil Protection Order” as shown below. Your affidavit must describe the specific conditions you seek protection from, and it must be signed and sworn under oath. This means that you must confirm the truthfulness of your statement in front of a court clerk, notary public, or attorney, and they will also sign and date the affidavit. If any arrests were made related to the incidents outlined in the statement, you should mention them.
3. File the Application and Affidavit
Submit the completed application and accompanying affidavit to a clerk at the Superior Court.
The case type will be (M85). Civil protection orders cannot be initiated electronically, but subsequent motions, pleadings or documents may be filed electronically.
4. Serve the Papers for a Protection Order on the Respondent
You must have a proper officer deliver a notice of the hearing, along with a copy of your application and affidavit, and any ex parte order that was issued, to the respondent. This must be done at least five days before the hearing takes place. This is important because it gives the respondent enough time to prepare and respond to your application.
C. Hearing
After the court receives the documents, and if the requirements of filing a protection order are met, the court will schedule a hearing no later than 14 days from the date of the application.
If either party requests a postponement of the hearing, an ex parte order will not be granted, unless both parties agree or the court orders it because good cause was shown. If the court is closed on the scheduled hearing date, the hearing will take place on the next day the court is open, and any ex parte order that was issued will remain in effect until the new hearing date.
D. Applicants Under 18
If the applicant is under 18 years old, a parent, guardian, or responsible adult who brings the application as the next friend of the applicant may not speak on the applicant’s behalf at the hearing unless good cause is shown as to why the applicant is unable to speak on their own behalf. However, such parent, guardian, or responsible adult may still testify as a witness at the hearing.
E. Court Orders and Relief Measures
If the court finds that the person you are seeking protection from: (1) has committed acts that qualify for a protection order; and (2) may continue to act in a way that is harmful or threatening towards you, the court may issue protection orders to keep you safe.
Such orders may include, but are not limited to:
- Enjoining the respondent from imposing any restraint upon the person or liberty of the applicant
- Prohibiting the respondent from threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the applicant.
- Restricting the respondent from entering the applicant’s dwelling.
The court may also look at relevant court records that are publicly available to make a decision. If the court finds that there are reasonable grounds to believe that an imminent danger exists to the applicant, it may issue an ex parte order granting relief as it deems appropriate.
F. Duration and Extension of Protection Orders
Protection orders issued by the court in Connecticut cannot exceed one year. However, an order may be extended by the court if the applicant makes a motion to extend the order, provided that:
- A copy of the motion has been served by a proper officer on the other party (respondent).
- No other order of protection based on the same facts and circumstances is in place.
- The need for protection still exists.
Conclusion
Knowing how to get a protection order in Connecticut is crucial for victims of sexual abuse, sexual assault, or stalking who need legal recourse for their safety. By following the outlined application process and understanding the court’s relief measures, you can take the necessary steps to protect yourself or a loved one from further harm. If you are unsure about any aspect of this process, it’s always a good idea to consult with an attorney for guidance and support. Remember, your safety and well-being are of paramount importance, and the legal system is in place to help protect you.
Where to Find the Law on Protection Orders
General Statutes § 46b-16a provides:
(a) Any person who has been the victim of sexual abuse, sexual assault or stalking may make an application to the Superior Court for relief under this section, provided such person has not obtained any other court order of protection arising out of such abuse, assault or stalking and does not qualify to seek relief under section 46b-15. As used in this section, “stalking” means two or more wilful acts, performed in a threatening, predatory or disturbing manner of: Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.
(b) The application shall be accompanied by an affidavit made by the applicant under oath that includes a statement of the specific facts that form the basis for relief. If the applicant attests that disclosure of the applicant’s location information would jeopardize the health, safety or liberty of the applicant or the applicant’s children, the applicant may request, on a form prescribed by the Chief Court Administrator, that his or her location information not be disclosed. Upon receipt of the application, if the allegations set forth in the affidavit meet the requirements of subsection (a) of this section, the court shall schedule a hearing not later than fourteen days from the date of the application. If a postponement of a hearing on the application is requested by either party, no ex parte order shall be continued except upon agreement of the parties or by order of the court for good cause shown. If the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any ex parte order that was issued shall remain in effect until the date of such hearing. If the applicant is under eighteen years of age, a parent, guardian or responsible adult who brings the application as next friend of the applicant may not speak on the applicant’s behalf at such hearing unless there is good cause shown as to why the applicant is unable to speak on his or her own behalf, except that nothing in this subsection shall preclude such parent, guardian or responsible adult from testifying as a witness at such hearing. If the court finds that there are reasonable grounds to believe that the respondent has committed acts constituting grounds for issuance of an order under this section and will continue to commit such acts, or acts designed to intimidate or retaliate against the applicant, the court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant. If the court finds that there are reasonable grounds to believe that an imminent danger exists to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch’s Internet web site. Such orders may include, but are not limited to, an order enjoining the respondent from:
(1) Imposing any restraint upon the person or liberty of the applicant;
(2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; and
(3) entering the dwelling of the applicant.
(c) No order of the court shall exceed one year, except that an order may be extended by the court upon proper motion of the applicant, provided a copy of the motion has been served by a proper officer on the respondent, no other order of protection based on the same facts and circumstances is in place and the need for protection, consistent with subsection (a) of this section, still exists.
(d) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant’s affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served by a proper officer on the respondent not less than five days before the hearing. The cost of such service, including mileage pursuant to section 52-261, shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. No officer or person shall be entitled to a fee for service pursuant to this section if timely return of service is not received by the court, absent a court order authorizing such fee. For the purposes of this subsection, timely return includes, but is not limited to, transmitting by facsimile or other means, a copy of the return of service to the court prior to the hearing followed by the delivery of the original return to the court within a reasonable time after the hearing. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch’s Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, not later than forty-eight hours after the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection. If the applicant is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled, if the applicant provides the clerk with the name and address of such school or institution of higher education.
(e) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in conformance with subsection (d) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk of the court shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (d) of this section.
(f) An action under this section shall not preclude the applicant from subsequently seeking any other civil or criminal relief based on the same facts and circumstances.
Conn. Gen. Stat. § 46b-16a.