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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