Conozca la Ley: Connecticut
ACTUALIZADA 12 de julio, 2007
A restraining order is a civil order that protects you from abuse by a current or former partner or household member.
- Basic Information
- Can I get a restraining order?
- What are the steps for getting a restraining order?
- After the Hearing
- Once an order is in place
Basic Information
arribaWhat is a Restraining Order?
A Restraining Order (also called a Relief from Abuse Order) is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims. *
* C.G.S.A. § 46b-15
arribaWhat is the legal definition of domestic violence in Connecticut?
This section defines domestic violence (known as "family violence") for the purposes of getting a restraining order.
Family violence means any act resulting in physical harm, bodily injury or assault between family or household members. Family violence also includes any threat of violence that causes fear of immediate physical harm, bodily injury or assault between family or household members. Verbal abuse can only be considered family violence if there is a present danger and likelihood that physical violence will happen.*
For the definition of family or household members see Am I eligible to file for a Restraining Order?
* C.G.S.A. § 46b-38a
arribaWhat types of Restraining Orders are there? How long do they last?
In CT, there are two types of Restraining Orders:
A Temporary (ex parte) Restraining Order is a court order designed to provide you and your family members with immediate protection from your abuser. "Ex Parte" means that you can get the Order without your abuser present in court. If the judge grants you a Temporary Restraining Order, s/he will also schedule a hearing within 14 days. Your Temporary (ex parte) Restraining Order will protect you from the time you file for the Restraining Order until your full court hearing for a long-term Order can take place.
Your Temporary (ex parte) Restraining Order is in effect the day that it is signed. The accused abuser can be arrested if s/he disobeys the order after receiving notice of it.
Note: If you are in the middle of a divorce, the court may want to hear from the other side before giving a Restraining Order.
A Permanent Restraining Order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. It is designed to stop violent and harassing behavior and to protect you and your family from the abuser. It lasts up to six months, but can be extended.
Note: In Connecticut, a there is also something called a Protective Order. A Protective Order is similar to a Restraining Order, but is issued ONLY when an arrest has been made. A Protective Order is issued by Criminal Court.
This page focuses on Restraining Orders and not on Protective Orders. Restraining Orders can be issued even if no arrest has been made. They are issued in Civil Court. *
* C.G.S.A. § 46b-15
arribaWhere can I file for a restraining order?
You can file for a restraining order in the judicial district where you or the abuser lives.* If you are unsure what judicial district you live in, you may want to contact an attorney that is familiar with Connecticut state laws. Please See our Finding A Lawyer page for your state for more information.
* C.G.S.A § 51-345
arribaWhat if I don't qualify for a Restraining Order?
In CT, Restraining Orders do not cover:
- a victim of abuse whose abuser is anyone besides
- a family member,
- a household members,
- or a current or former dating partner;
- or victims of stalking
However, assault, stalking, and harassment are against the law. If one of these crimes is being committed against you, you may report it to law enforcement. If charges are pressed against the perpetrator, a judge may be able to order him/her to stay away from you. You can also visit our Staying Safe page for ways to increase your safety.
If you are being stalked or harassed, go to the Stalking Resource Center website for more information on stalking and harassment laws, as well safety planning information.
Restraining orders also do not cover many types of emotional or mental abuse. If you're being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options and offer you support (Go to CT State and Local Programs for a shelter or advocate in your area).