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How to get a Civil Restraining Order in Connecticut?
The Connecticut Family Court version is called a Civil Protection Order
Connecticut law allows persons in certain dire situations to apply to the courts for orders to assist in their protection. Any family or household member who has been subjected to a continuous threat of physical pain or physical injury, stalking or a pattern of threatening may submit an application for relief from abuse to the Connecticut courts. Any person who has been the victim of sexual abuse, sexual assault, or stalking may instead apply for a civil protection order provided such person has not obtained any other order of protection arising out of such abuse, assault, or stalking, and does not qualify for a more standard restraining order (i.e. without the requirement of being a family or household member). For ease of reference, these two types of orders will be referred to below jointly as “Restraining Orders,” although it is important to note the distinction between the two in determining which type of order may apply to your situation.
A restraining order may arise in conjunction with a divorce or other family matter, or can be brought on its own. It is technically considered a stand-alone, separate case by the court.
A restraining order can be an important part of an overall plan to address issues of safety and domestic violence, but usually should not be the only plan. This strategy should be carefully coordinated with counsel and often with domestic violence counselors, and support from friends and family members as may be appropriate. It should also be carefully considered whether a restraining order is the right remedy for the situation, for example in terms of whether it fits the legal criteria, whether it might in fact make the situation worse, or whether going to the police is a better or complimentary option.
If you believe you are in immediate danger to your health and/or safety, you should call 911 immediately and consult with legal counsel later.
Obtaining a restraining order involves filing an application with the court, including a sworn affidavit as to the facts which support the application. In doing so, legal counsel can be critical in helping present the application to meet the requirements necessary for such an application to be granted. The judge receiving the application will make an initial “ex parte” ruling on the papers as to whether the restraining order is immediately granted. The order will then need to be served on the other party. A hearing will be held in short order for each side to present evidence and testimony in support of whether the restraining order should in fact remain in place. The remedies offered by a restraining order can include orders that the other party stay away from, not contact, and otherwise not harass or bother the protected party. In certain situations, protective financial orders can also be obtained. Such orders may also protect minor children of the applicant, and animals owned by the applicant.
Fighting a Restraining Order
Attorneys Cuda, Needle and Brown (L to R)
If a restraining order application has been brought against you and it has misstated or twisted the facts, then you will also benefit from effective legal counsel to defend against such an order. It is unfortunately sometimes the case that a party to a divorce, for example, thinks that a restraining order will give them additional legal leverage in the matter even though one is not appropriate. With the help of legal counsel, that improper attempt to exploit this application process can instead land with a resounding “thud.” Such efforts can backfire on a party seeking to misuse for personal gain a mechanism intended to protect vulnerable persons who truly need it. It may take the assistance of counsel to assist with an accurate presentation of the facts to the court to help ensure that justice is done, one way or the other.
The lawyers of Needle | Cuda have the experience, compassion, and tenacity to assist with the prosecution or defense of applications for relief from abuse and civil protection orders. Don’t let such an important matter be decided without able counsel by your side.
Civil Retraining Orders (“Relief from Abuse”) – Frequently Asked Questions and Answers
What is a Civil Protective Order?
A Civil Protective Order provides protection to a victim of sexual abuse, sexual assault, or stalking who is not eligible for a Civil Restraining Order — meaning the respondent is not a family or household member. Unlike Civil Restraining Orders, the court may not issue financial support orders, and a Civil Protective Order must not exceed one year unless extended.
What levels of Restriction apply to Civil Restraining Orders and Civil Protective Orders?
Regardless of which civil order is sought, there are three levels of restriction a court can impose:
- Partial protective order prohibits assaulting, threatening, harassing, following, stalking, or interfering with the protected person.
- Residential stay-away order includes all of the above and also prohibits the respondent from going to the protected person's residence.
- Full no-contact order prohibits all contact whatsoever.
How long can a Civil Order of Protection be effective?
A civil order of protection is effective for up to one year unless extended by the court upon the applicant's motion. Violation of an order is a class D felony, except violation of a civil restraining order is a class C felony in certain situations.
What is the difference between a Civil Restraining Order and a Civil Protective Order?
A Civil Restraining Order (Application for Relief from Abuse) is available to family or household members subjected to threats, physical injury, stalking, or a pattern of threatening.
A Civil Protection Order is available to victims of sexual abuse, sexual assault, or stalking who do not qualify as a family or household member and have not obtained any other order of protection arising out of the same conduct.
Who qualifies for a Civil Restraining Order?
You can file for a restraining order if you have been subjected to domestic violence by a family or household member, including your spouse or former spouse, a civil-union partner, or a current or former same-sex partner, as long as the relationship meets the legal requirements.
This also includes exes, nonromantic roommates, and parents of common children.
How do I apply for a Civil Restraining Order in Connecticut?
Obtaining a restraining order involves filing an application with the court, including a sworn affidavit setting out the facts that support the application.
After you apply, a judge will review your application to decide if there are grounds to grant it.
Applications are filed at your local Connecticut Superior Court family division.
Can I get an emergency Civil Restraining Order in Connecticut before a hearing?
Yes. If an applicant alleges an immediate and present physical danger to themselves or their minor children, the court may order an ex parte restraining order — a temporary restraining order issued prior to a hearing. At the hearing, the court will then determine whether to extend or deny the restraining order.
What happens at a Civil Restraining Order hearing in Connecticut?
A restraining order hearing is essentially a trial. The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order, and the respondent has the opportunity to be heard as to why the restraining order should not enter.
It is also possible to attend the hearing remotely if you notify the court in writing at least two days before the hearing.
What financial protections can a Connecticut Civil Restraining Order include?
When the parties are married or share dependent children, the court has broader financial authority. It may prohibit the respondent from shutting off utilities, canceling insurance policies, or transferring or concealing property that the applicant owns or leases, providing important financial stability for the protected party during a dangerous situation.
Do I need a lawyer to get a Civil Restraining Order in Connecticut?
You do not need a lawyer to file for a restraining order. However, you may wish to have a lawyer, especially if the abuser has a lawyer. T
he assistance of counsel can help ensure an accurate presentation of the facts to the court and help ensure that justice is done.
Can a Civil Restraining Order in Connecticut affect child custody?
Yes. A restraining order can include temporary custody provisions. Whether or not you can take your children out of state may depend on the exact wording of the custody provision in your restraining order. You may have to first seek the permission of the court before leaving, and if the respondent was granted visitation rights, you may need to have the order changed or show the court a fair and realistic alternative to the current visitation schedule.
What should I do if I believe I am in immediate danger in Connecticut?
If you believe you are in immediate danger to your health and/or safety, you should call 911 immediately and consult with legal counsel later. A restraining order can be an important part of an overall safety plan, but should usually not be the only plan — this strategy should be carefully coordinated with counsel and often with domestic violence counselors and support from friends and family. You can also contact the Connecticut Coalition Against Domestic Violence (CCADV) 24-hour hotline at 1-888-774-2900.
Alexander J. Cuda is a highly respected family and matrimonial law attorney. With numerous published articles and speaking engagements, Alex’s leadership in family law is well-known. He has been named one of the “Top 10 Family Law Attorneys in Southern Connecticut” by such organizations as the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys, and AVVO (2017-2023). In addition to his prolific divorce litigation practice, Attorney Cuda also handles complex divorce appeals. Attorney Cuda volunteers to help victims of domestic violence at the Greenwich, CT YMCA and is passionate about fighting for expanded child support for qualifying special needs children.
