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Protection Orders & Rsetraining Orders

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Protection Orders


(C.G.S. 46b-38c)


• Issued from Criminal Court:


Arrest is Necessary to Obtain Protection Order.


• State vs. Defendant:


The Court can issue whatever level of Protection Order it deems appropriate, regardless of what a victim is/is not seeking. Therefore, Protection Orders are often issued contrary to what the victim has asked for (i.e. removes offender from home and/or prohibits contact when the victim has expressed desire for that not to happen).


• Protection Orders End when the Case Ends:


No extension once criminal case is over, except for a Standing Criminal Protection Order, which requires the defendant to have been convicted.


Restraining Orders


(C.G.S. 46b-15)


• Issued from Civil Court (in Stamford):


Arrest is NOT Necessary to Obtain


Restraining Order.


• Victim vs. Offender:


The Court will grant only those protections requested by the victim. This allows a victim to obtain an order that


is best suited to his/her needs.


• Set Expiration Date (Up to 1 Year):


Temporary (Ex Parte) Order lasts up to 2 weeks. At 2 weeks, a hearing must be held. After hearing, an order can be issued for up to 1 year. Possibility for that order to be extended further upon application.


• Possibility to Obtain Temporary


Custody of Children.


To Qualify for a Restraining Order


(C.G.S. 46b-15)


Must Be Seeking a Restraining Order Against A Family or Household Member


and Have Qualifying Conduct:


Family or Household Member


• Current or Former Spouse;


• Anyone related by blood or marriage;


• Anyone who ever lived together;


• Anyone who is currently or was


formerly dating;


• Unmarried partners with children in common.


Conduct that DOES Qualify


• Physical Violence;


• Threats of Physical Violence;


• Pattern of Threatening Behavior;


• Stalking.


Who Does NOT Qualify


• Girlfriend who wants to get a restraining order against her current boyfriend’s ex-girlfriend;


• Neighbor;


• Co-Worker.


Conduct that Does NOT Qualify


• Harassment (even if 25 calls from 2am to 4am);


• Pervasive substance abuse which puts applicant in fear for her safety and/or that of her children;


• Threats such as filing for divorce/custody or withholding financial assistance.


How Law Enforcement Can Help


Refer any victim interested in obtaining a Protection Order or Restraining


Order to the DVCC’s Stamford Office. Legal Advocates are available Monday


through Friday to screen potential candidates and provide assistance.


Address: DVCC, 777 Summer Street, 4th Floor, Stamford CT


Phone: (203) 588-9100