Page 36 - 2011 Guide to Family Violence Laws

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31
order, some police departments are
more responsive if there is a
restraining order in effect.
However, if he has a legal right to
live where you live (see page 51),
then you will need a restraining
order to force him to leave your
home. Also, if he is the legal father
of your children, and there are no
previous custody orders, then you
and he share legal custody (joint
custody) of your children. This is
true even if the children actually live
with you and even if you and the
children's father are not married. It
is possible to get temporary sole
custody of your children as part of
the restraining order. See the
Children’s Issues section of this
Guide
for more information.
Are there situations when a
restraining order may not help
me?
A restraining order may not help
you if your partner does not care
about breaking the law or following
a court order. It is possible that he
will not care about the restraining
order and may continue to try to
hurt you even if you have the order.
It is good to think about this
possibility before you ask the court
for a restraining order. If you
think your partner may not obey the
order then you may want to call the
local domestic violence shelter
program to help you identify other
ways to keep you safe.
If I'm under sixteen can I get a
restraining order?
It may be possible. However, the
court may require that an adult
apply for a restraining order on your
behalf. If you are under 16 and you
are being abused, you should tell
your parents, teacher, friend, a
lawyer, DCF, or someone else you
trust, and ask them to help you get
the protection you need.
Can I get a restraining order
against someone I'm dating?
Yes, you can get a restraining order
against someone if you are in or
have recently been in a dating
relationship with that person. If
you are denied a restraining order
then you must rely on the criminal
law for help, or you may call the
local domestic violence shelter
program to help you identify other
ways to keep you safe.
Can I get a restraining order if I
am in a gay/lesbian relationship?
Yes, the law applies to gay and
lesbian couples the same way that it
applies to heterosexual couples.
You can get a restraining order
against your partner if: you are
married, living with your partner or
used to live with your partner (a
current or former household
member), or if you are in a dating
relationship or have recently been in
a dating relationship.
I am an immigrant. Can the court
give me a restraining order?
Yes. Connecticut’s family violence
laws apply to all people regardless of
their immigration status. The court
should offer you the same
protections that it would any victim
of family violence. Your immigration