Información Legal: Connecticut

Órdenes de Restricción

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Actualizada: 
16 de agosto de 2022

What can I do to convince the judge that a risk protection order is needed?

​Solo un/a fiscal, un/a fiscal asistente, o dos oficiales de policía can file for a risk protection order.However, you may be able to file in court to request that law enforcement starts an investigation into whether a risk protection order is needed. The law says that any family or household member or medical professional who has a good faith belief that a person poses a risk of immediate (imminent) personal injury to himself/herself or to another person can make an application for a “risk protection order investigation” with the clerk of the court.A “family or household member” is defined as someone eighteen years or older who:

  1. is related to the respondent in any of the following ways:
    • spouse; 
    • parent; 
    • child; 
    • sibling;
    • grandparent;
    • grandchild;
    • step-parent;
    • step-child; 
    • step-sibling; 
    • mother/father-in-law;
    • son/daughter-in-law; or
    • brother/sister-in-law;  
  2. lives with the person who is the subject of the application;
  3. has a child in common with the person who is the subject of the application;
  4. is a dating/intimate partner of the person who is the subject of the application; or
  5. is the legal guardian or former legal guardian of the person who is the subject of the application.3

If the judge believes the application was made in good faith, the judge will order law enforcement to do a risk protection order investigation to determine if the person does indeed pose a risk of imminent personal injury. If the law enforcement agency determines that there is probable cause to believe this risk exists, they must apply for a risk protection order as soon as possible, usually within 24 hours after receiving the order from the judge to do a risk protection investigation.4 

1 C.G.S. § 29-38c(a)
2 C.G.S. § 29-38c(b)(1)
3 C.G.S. § 29-38c(j)
4 C.G.S. § 29-38c(b)(2), (b)(3)

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