Connecticut Restraining Orders
Restraining Orders
Restraining Orders (Relief from Abuse Orders)
Basic information
What is the legal definition of domestic violence in Connecticut?
This section defines domestic violence for the purposes of getting a relief from abuse order. Domestic violence is when a family or household member does one of the following to you:
- presents a continuous threat of present physical pain or physical injury;
- stalking; or
- a pattern of threatening, which includes, but is not limited to, when the abuser:
- uses a physical threat to intentionally place or attempt to place you in fear of immediate serious physical injury; or
- threatens to commit any crime of violence with the intention of terrorizing you or with disregard to the fact that the threat can cause you to be terrorized; or
- coercive control, which is a pattern of behavior that unreasonably interferes with a your free will and personal liberty. “Coercive control” includes, but is not limited to:
- isolating you from friends, relatives, or other sources of support;
- depriving you of basic needs;
- controlling or monitoring your movements, communications, daily behavior, finances, economic resources, or access to services;
- making you do something that you don’t want to do or not allowing you to do something you do want to do by using force, intimidation, or threats against you, including threats based on your actual or suspected immigration status;
- committing or threatening to commit cruelty to animals to intimidate you; or
- forcing you to do sexual acts, or making threats of a sexual nature, including, threats to commit sexual acts, threats based on your sexuality, or threats to release sexual images of you to other people or on the internet, for example.1
1 C.G.S. §§ 46b-15(a); 46b-1(b); 53a-62(a)
What types of restraining orders are there? How long do they last?
In Connecticut, there are two types of restraining orders:
A temporary (ex parte) restraining order can be issued on the day you apply for your restraining order if you allege (and the judge believes) that there is an immediate and present physical danger to you. (“Ex parte” means that the order can be issued without prior notice to the abuser and without the abuser present in court.) When deciding what to include in the temporary ex parte order, the judge can also consider the report that will be prepared by the family services unit of the Judicial Branch that may include, as available:
- any existing or prior orders of protection against the respondent that are recorded in the protection order registry;
- information on any pending criminal case or past criminal case in which the respondent was convicted of a violent crime;
- any outstanding arrest warrant for the respondent;
- the respondent’s level of risk based on a risk assessment tool utilized by the Court Support Services Division;
- information related to any pending or disposed (resolved) family matters cases involving you and the respondent.1
If the judge grants you a temporary restraining order, it will last until the full court hearing for the permanent order, which has to take place within 14 days. However, if you include in your application that the abuser has a permit or eligibility certificate to carry a pistol or revolver, a long gun, ammunition, or that s/he possesses firearms or ammunition, the hearing has to take place within 7 days. If the hearing is postponed, the temporary order can be extended until the hearing takes place. If the respondent cannot be located/served with the petition and order, your ex parte order can be extended another 14 days while law enforcement attempts to locate/serve him/her.2
A permanent restraining order can be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Permanent orders can last up to one year, but can be extended for additional periods as the judge believes is necessary.3
Note: In Connecticut, a there is also something called a family violence protective order, which is issued by a criminal court judge at arraignment after an abuser has been arrested. This is different from the civil court restraining orders (also known as relief from abuser orders) that are discussed in this section.4
1 C.G.S § 46b-15(b)
2 C.G.S § 46b-15(b),(c)
3 C.G.S § 46b-15(g)
4 See CT Judicial Branch website
What protections can I get in a restraining order?
A temporary or permanent restraining order may:
- order the abuser to not threaten, harass, assault, molest, sexually assault or attack you;
- prohibit the abuser from imposing any restraint upon you or your liberty (freedom);
- prohibit the abuser from entering your home or the shared family home;
- grant you temporary child custody or visitation rights;
- order the abuser to not injure or threaten to injure your animals;1
- order the abuser not to contact you in any way, including through your home, workplace, etc.;
- order the abuser to stay 100 yards away from you;2
- grant you temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, any documents needed for purposes of proving identity, a key or other necessary specified personal belongings;
- if you and the abuser are spouses, or if you have a minor/dependent child in common and you live together, the judge may order the following additional things if they are necessary to maintain the safety and basic needs of you or your child(ren). The judge can prohibit the abuser from:
- taking any action that could result in the termination of any necessary utility services or necessary services related to your home or the family home;
- taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy that would harm you or the child that you have with the abuser;
- getting rid of, transferring, hiding, etc., any specified property owned or leased by you;3 and/or
- anything else that is needed to protect you, your children and/or anyone else the judge believes is appropriate.1
In addition, as part of a permanent restraining order, the judge can order the following additional protections. The judge can order that the abuser:
- make rent or mortgage payments on the family home or the home where you live with your and the abuser’s minor/dependent child(ren);
- maintain (keep) utility services or other necessary services related to the family home or the home where you live with your and the abuser’s minor/dependent child(ren);
- maintain (keep) all existing health, automobile or homeowners insurance coverage without any change in coverage or change in the beneficiary; and/or
- provide financial support for any dependent child(ren) that you have with the abuser (provided that the respondent has a legal duty to support such child or children and the ability to pay), which will last up to 120 days or until another order for financial support is decided by a court, whichever happens first. Note: The judge cannot enter any order of financial support without sufficient evidence as to the abuser’s ability to pay, which must be presented at the hearing. (If the judge does not make an order for financial support at the hearing, it cannot be done as part of the restraining order later on).4
1 C.G.S. § 46b-15(b)
2 See Application for Relief from Abuse
3 C.G.S. § 46b-15(d)
4 C.G.S. § 46b-15(e)
Where can I file for a restraining order?
You can file for a restraining order in the superior court1 of the judicial district where you or the abuser lives.2 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 CT Finding a Lawyer page for your state for more information.
1 C.G.S. § 46b-15(a)
2 C.G.S. § 51-345
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.
Who can get a restraining order
Am I eligible to file for a restraining order?
You can file for a restraining order if you have been subjected to domestic violence, as defined by law, by any of the following people, known as “family or household members”1 regardless of the age of you and the abuser:
- your spouse or former spouse (including a civil-union spouse);
- someone you have a child in common with;
- your parent;
- your child;
- someone you are dating or have recently dated;
- someone you are related to you by blood or marriage;
- someone who you currently live with or used to live with;2 and
- if you are age 60 years or older, a live-in caretaker.3
1 C.G.S. § 46b-15(a)
2 C.G.S. § 46b-38a(2)
3 See Application for Relief from Abuse
Can I get a restraining order against a same-sex partner?
In Connecticut, you may apply for a restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a restraining order? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in Connecticut?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
How much does it cost? Do I need a lawyer?
Nothing. There is no cost to file for a restraining order.
You do not need a lawyer to file for a restraining order. However, you may wish to have a lawyer, especially if the abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected. If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the CT Finding a Lawyer page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
Steps for getting a restraining order
Step 1: Get and fill out the necessary forms.
You can find the forms from the civil clerk at the superior court, but you may want to find them before you go and fill them out at home or with an advocate from a domestic violence organization or with a lawyer. You will find links to forms online on the CT Download Court Forms page. To find contact information for the Superior Court in your area, click on CT Courthouse Locations.
To start your case, you will need to fill out the necessary forms for a restraining order (relief from abuse order), which include an application and an affidavit (sworn statement). On the affidavit, you will be asked to write about what happened, when, where and who was present. Remember to use specific language (slapping, hitting, grabbing, threatening, etc.) that fits your situation. Include details and dates, if possible. Note: Do not sign the forms until you have shown it to a clerk, as the court clerk may have to notarize them – and remember that you may need photo ID for the notary.
Most shelters and other domestic violence prevention organizations can provide support for you while you fill out these papers and go to court. To find a shelter or advocate in your area, go to our CT Advocates and Shelters page.
Step 2: Ex parte hearing
After you have filed the forms with the clerk of court, s/he will bring them to the judge. If you have checked off the box requesting an ex parte order, a temporary (ex parte) restraining order can be issued on the day you apply for your restraining order if you allege (and the judge believes) that there is an immediate and present physical danger to you. When deciding what to include in the temporary ex parte order, the judge can also consider the report that will be prepared by the family services unit of the Judicial Branch that may include, as available:
- any existing or prior orders of protection against the respondent that are recorded in the protection order registry;
- information on any pending criminal case or past criminal case in which the respondent was convicted of a violent crime;
- any outstanding arrest warrant for the respondent;
- the respondent’s level of risk based on a risk assessment tool utilized by the Court Support Services Division;
- information related to any pending or disposed (resolved) family matters cases involving you and the respondent.1
The ex parte order will generally last until the full court hearing for the permanent order, which has to take place within 14 days. However, if you include in your application that the abuser has a permit or eligibility certificate to carry a pistol or revolver, a long gun, ammunition, or that s/he possesses firearms or ammunition, the hearing has to take place within seven days.2
1 C.G.S. § 46b-15(b)
2 C.G.S. § 46b-15(b), (c); see also Application for Abuse from Relief
Step 3: Service of process
To make sure that the abuser knows about the temporary (ex parte) restraining order, if the court issued one, and about the hearing date, you will need to bring all of the papers that need to be served to a state marshal or any “proper officer” for delivery to the abuser. (The clerk or someone at a Court Service Center can explain to you who a “proper officer” is or you can get a list of the proper officers who can serve your papers from the clerk of the court or online from the State of Connecticut Judicial Branch website.) You can choose a state marshal from the towns in which the abuser lives or works and call the state marshal to make the arrangements to serve the papers. At some courthouses, a state marshal is at the courthouse at certain times during the day to help with service.1 If you want to call your local courthouse to find out which hours the state marshal will be there, see our CT Courthouse Locations page for a list of courthouse contact information.
The abuser must be served with the papers at least 3 days before the hearing date. If you include in your application that the respondent has a permit or eligibility certificate to carry a pistol or revolver, a long gun, ammunition, or that s/he possesses a firearm or ammunition, the proper officer who is responsible for serving the respondent should do all of the following:
- provide notice to law enforcement in the abuser’s town to let them know when and where service will take place;
- send law enforcement in the abuser’s town a copy of your application, affidavit, ex parte order, and the notice of hearing;
- request that a police officer from the law enforcement agency in the abuser’s town be present when the abuser is served.2
Remember that it may take multiple attempts to have him/her served. If you do not know where the abuser lives or cannot give enough information about how to find the abuser, the state marshal may not be able to find him/her to deliver the papers, so it is important to bring any and all identifying information that you have about the abuser to the state marshal.1
After the state marshal serves the abuser, s/he should give you back the original papers with a “return of service,” which tells the court when the officer served the papers on the abuser. According to the Connecticut Judicial Branch brochure, it is “recommended” that you bring these papers back to the clerk of the court at least two business days before the date of the hearing.1
Note: If you (or your minor child who is protected by the order) are enrolled in a public or private elementary or secondary school, technical school, or college, you can ask the clerk to send a copy of the order to your (or your child’s) school and to any special police force at the school. You will need to give the clerk the name and address of the school or college.2
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 See State of Connecticut Judicial Branch website’s brochure
2 C.G.S. § 46b-15(h)
Step 4: Full court hearing
On the day of the hearing, you must go to the hearing to ask to have your temporary (ex parte) order turned into a permanent restraining order. If you were not granted a temporary (ex parte) order but a hearing date was set, you must go to the full hearing if you want to ask the court for a permanent restraining order.1 It is also possible to attend the hearing remotely if you notify the court in writing at least two days before the hearing. If you choose to appear remotely, your physical presence will not be required in the courthouse in order to participate in the court proceeding.2
Before going in front of the judge on your hearing day, you and the abuser must meet separately with a Family Relations Counselor (FRC) from the Court Support Services Division. There will be a sign-up sheet in the area of the courthouse where the FRC has the meetings and a Judicial Marshal can tell you where that is. The FRC will ask for information about any existing court orders, possession of firearms or permits, history of the relationship, and information on child-related matters. The FRC may make recommendations and may refer you to other agencies for other services. At the end of the meeting, you and the abuser will go to the courtroom to wait for your hearing.1
At this hearing, you and the abuser will both have a chance to present evidence, testimony, witnesses, etc., to prove your case to the judge. Note: If the victim/applicant is a minor and his/her parent, guardian or another responsible adult (“next friend”) has filed the application for the restraining order on his/her behalf, that parent/guardian/next friend cannot speak on the minor applicant’s behalf at the hearing unless s/he can show “good cause” as to why the minor applicant is unable to speak on his/her own behalf. However, the parent, guardian or responsible adult can testify as a witness at the hearing.3
See our At the Hearing page for tips on what to expect at a restraining order hearing. If you do not go to the hearing, your temporary (ex parte) restraining order may expire. If the abuser does not show up for the hearing, the judge may still grant you a permanent restraining order if there is proof that s/he was properly served, or the judge may reschedule the hearing.
It may be helpful to have a lawyer to help with your case, especially if the abuser has a lawyer. If the abuser shows up with a lawyer or if you were not able to find a lawyer in time for your hearing, you can ask the judge for a “continuance” (a later court date) so that you have time to find a lawyer – and it will be up to the judge to decide whether or not to postpone the hearing. Go to our CT Finding a Lawyer for free and paid legal referrals.
If you are granted a restraining order by the judge, a copy of the order(s) will be given or mailed to the abuser by the clerk of the court. The clerk will also send a copy of the order(s) or the information in the order(s) to law enforcement within forty-eight hours so that they are notified.1
1 See State of Connecticut Judicial Branch website’s brochure
2 C.G.S. § 46b–15b(f)(2)
3 C.G.S. § 46b–15b(b)
After the hearing
Can the abuser have a gun?
Once you get a restraining order (also known as a relief from abuse order) there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- first, read the questions on this page to see if judges in Connecticut have to power to remove guns as part of a temporary or final order;
- second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
- third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
Here are some things that you may want to consider when leaving the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do it.
- Review the order before you leave the courthouse. If you see any errors, you can ask the clerk how to correct them.
- Make several copies of the restraining order as soon as possible.
- Keep a copy of the restraining order with you at all times. Leave copies at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
- Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may wish to consider changing your locks and your phone number.
You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
I was not granted a restraining order. What are my options?
If you are not granted a restraining order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. To find a shelter or an advocate at a local program, please visit the CT Advocates and Shelters page.
If you were not granted a restraining order because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through the criminal law system if a crime was committed.
You may also be able to reapply for restraining order if a new incident of domestic abuse occurs after you are denied the order.
If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. For general information, go to our Filing an Appeal page.
What can I do if the abuser violates the order?
Violating a restraining order can be against the law and there are two ways to report the violation.
Through the Police or Sheriff
If the defendant violates the restraining order, you can call 911 or otherwise report it to law enforcement. In some cases, the defendant can be arrested right away. Tell the officer you have a restraining order and the defendant is violating it. If the defendant is arrested, the case will go to the district attorney for possible prosecution. The respondent can be charged with a criminal violation of a restraining order, which can be a class D or class C felony, depending on the circumstances. Depending on the crime that the abuser is convicted of, the respondent can face imprisonment of up to five years or up to ten years, a fine of up to five thousand dollars or up to ten thousand dollars, or both a fine and imprisonment.1
Through the Civil Court System
You may also file a motion for civil contempt for a violation of the order. Then, there will be a hearing held within five court days of when the motion is served on the abuser (as long as the service is made not less than 24 hours before the hearing). The abuser can be “held in civil contempt” if s/he does anything that your restraining order tells him/her not to do and the judge can order whatever punishment that the judge believes is appropriate.2 To file for civil contempt, go to the clerk’s office and ask for the forms to file for civil contempt.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 See C.G.S. §§ 46b-15(f); 53a-223; 53a-35a(7), (8)
2 C.G.S. § 46b-15(j)
Is there anything I can do if my abusive partner continually files court proceedings against me?
In any family relations matter, the judge has the power to punish (sanction) the abuser if s/he is filing motions or petitions in a pattern that the judge believes is “frivolous and intentionally fabricated.” In other words, there is no good reason for the abuser to file against you and s/he is making up these claims. If you think the abuser is doing this, you can file a motion or raise the issue with the judge while you are in court. If the judge does sanction the abuser, the punishment will be focused on making the case move forward without delay.1
“Family relations matters” means the following types of cases:
- separation, annulment, or divorce proceedings;
- alimony, support, and custody related to a separation, annulment, or divorce;
- name changes;
- relief from abuse orders;
- civil support obligations;
- custody and visitation, including habeas corpus;
- habeas corpus cases brought on behalf of a mentally ill person, unless that person has been charged with a crime;
- appointment of a commission to investigate whether someone is wrongfully confined;
- juvenile matters;
- paternity/parentage;
- appeals from probate court related to:
- adoption or termination of parental rights;
- appointment and removal of a guardian or conservator;
- custody; or
- orders of commitment;
- any of the following from another state or country:
- prenuptial or separation agreements;
- matrimonial or civil union decrees; or
- divorce, separation, or annulment of a civil union;
- interstate custody under the UCCJEA; or
- any other matter concerning children or family relations that are within the power (jurisdiction) of the Superior Court.2
1 C.G.S. § 46b-1a
2 C.G.S. § 46b-1(a)
Can I change or extend my order?
To change (modify) your order, you would file a modification petition with the clerk and a hearing would be held.
To extend an order, you would file a motion to extend the order with the clerk and a hearing would be held. The order can be renewed for such additional time as the judge believes is necessary.1 The Connecticut Judicial Branch website suggests filing the motion to extend two to three weeks before your order is set to expire.2
1 C.G.S. § 46b-15(g)
2 Connecticut Judicial Branch website’s brochure
What happens if I move? Is my order still effective?
Your order is good everywhere in Connecticut and in the U.S. The federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands. Different states may have different rules for enforcing out-of-state protection orders. If you are moving out of state, you may want to call the domestic violence organization in the state where you are going to find out how that state treats out-of-state orders. Go to our Advocates and Shelters page and enter your state in the drop-down menu. You may also want to call the National Center on Protection Orders and Full Faith and Credit (1-800-903-0111 x2) if you have any questions.
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protection order, restraining order, or injunction that was issued by the court; or
- the registration of an order in a different state.1
1 18 USC § 2265(d)(3)
Civil Protection Orders (for Sexual Abuse, Sexual Assault, or Stalking)
Who qualifies for a civil protection order?
If you are a victim of sexual abuse, sexual assault, or stalking by someone who is not a family or household member, you can apply for a civil protection order in the Superior Court. If the abuser is a family or household member, then you would apply for a relief from abuse order instead, not a civil protection order.1
For the purpose of qualifying for a civil protection order, stalking is when someone commits two or more of the following acts in a threatening, aggressive, or disturbing manner:
- harassing you;
- following you;
- lying in wait for you;
- putting surveillance on you or monitoring you;
- sending you unwanted gifts or messages.1
The person can commit these acts directly, indirectly, or through a third person, and by any method, device, or other means. The actions must cause you to reasonably fear for your physical safety.1
1 C.G.S. § 46b-16a
What types of civil protection orders are available? How long do they last?
When you apply for a civil protection order, the judge can issue an immediate temporary ex parte order if the judge believes that there is an immediate danger to you. It will usually last for up to14 days until a hearing for a final order is scheduled.1
At the hearing for a final order, the judge can grant you a final order that will last for up to one year if the judge believes:
- that the respondent committed sexual abuse, sexual assault, or stalking; and
- that the respondent will:
- continue to commit sexual abuse, sexual assault, or stalking, or
- will commit acts designed to intimidate or retaliate against you.2
In addition, once your final order is expiring, you can file a motion to extend the order for an additional period of up to one year.3
1 C.G.S. § 46b-16a(b)
2 C.G.S. § 46b-16a(b), (c)
3 C.G.S. § 46b-16a(c)
What protections can I get in a civil protection order?
In a temporary ex parte order or a final order, the judge can include any of the following protections:
- ordering the respondent not to put any restraints upon you or your freedom (liberty);
- ordering the respondent not to threaten, harass, assault, molest, sexually assault, or attack you; and
- prohibiting the respondent from entering your home.1
1 C.G.S. § 46b-16a(b)
Risk Protection Orders
¿Qué es una orden de protección por riesgo?
A risk protection order can be issued by a judge to prohibit a person who is age 18 or older from having or buying firearms or other deadly weapons or ammunition. As part of the risk protection order, the judge will issue a warrant for the police to enter into the individual’s home or any other place and take (seize) all firearms, deadly weapons, and ammunition.
The law says that a state’s attorney, an assistant state’s attorney, or a police officer can request the order when they have probable cause to believe that:
- a person poses a risk of immediate personal injury to himself, herself, or another person; and
- the person has one or more firearms or other deadly weapons.1
If a police order is the applicant, the law requires that a second police officer also signs onto the complaint, supporting the petition.1
For information on how you can ask law enforcement to file for a risk protection order, see What can I do to convince the judge that a risk protection order is needed?
1 C.G.S. § 29-38c(a)
How will a judge decide whether to issue a risk protection order?
When a judge is deciding whether to issue a risk protection order and a warrant to remove a person’s firearms, the judge must consider the person’s:
- recent threats or acts of violence towards himself/herself or other people; and
- recent acts of cruelty to animals.1
When deciding if these recent threats or acts of violence provide probable cause to believe that the person poses a risk of imminent personal injury to himself or herself or to others, the judge can consider the person’s:
- reckless (irresponsible) use, display, or flaunting of a firearm or other deadly weapon;
- history of use, attempted use, or threatened use of physical force against other people;
- prior involuntary commitment in a hospital for people with psychiatric disabilities; and
- illegal use of drugs or abuse of alcohol.1
1 C.G.S. § 29-38c(c)
What can I do to convince the judge that a risk protection order is needed?
Only a state’s attorney, an assistant state’s attorney, or two law enforcement officers can file the actual petition for a risk protection order.1 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.2 A “family or household member” is defined as someone eighteen years or older who:
- 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;
- lives with the respondent;
- has a child in common with the respondent;
- is a dating/intimate partner of the respondent; or
- is the current or former legal guardian of the respondent.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)
How long can a risk protection order last?
Within 14 days after the service of a risk protection order and execution of a warrant to take (seize) firearms, the judge must hold a hearing to decide whether the risk protection order should continue or not. If the judge determines at that hearing that the respondent poses an immediate risk of personal injury to himself/herself or to another person, the risk protection order will continue and law enforcement will continue to keep possession of the firearms or other deadly weapons seized until the judge terminates the order.1
After 180 days from the first hearing, the respondent can file a petition to ask the judge to end (terminate) the order and the judge will schedule a hearing in 28 days. During those 28 days, law enforcement must determine whether they believe there is probable cause that the person poses a risk of imminent personal injury to himself/herself or to another person. If the law enforcement agency finds no probable cause, the agency must notify the court and then the hearing will be canceled, the order will end, and the firearms will be returned. If law enforcement does find probable cause, the hearing will take place as scheduled. For the order and warrant to remain in effect, the judge must determine at the hearing that there is ”clear and convincing evidence” that the person poses a risk of imminent personal injury to himself/herself or to another person. There will be no specific end date for the risk protection order. The only way for the order to terminate is for the person to re-file a petition to terminate the order and a new hearing would be scheduled with another probable cause investigation. The person has to wait at least 180 days from the prior hearing to file a new petition to terminate the order.2
1 C.G.S. § 29-38c(e)
2 C.G.S. § 29-38c(f)
Moving to Another State with a Restraining Order
Your Connecticut restraining order can be enforceable wherever you move.
General rules
How do I know if my restraining order is good under federal law?
A restraining order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
How do I get my restraining order enforced in another state?
Federal law does not require you to take any special steps to get your restraining order enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid restraining order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your restraining order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
1 18 U.S.C. § 2265(d)(2)
I have a temporary ex-parte order. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my restraining order is good under federal law?1
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
1 18 U.S.C. § 2265(b)(2)
Getting your Connecticut restraining order enforced in another state
Can I get my restraining order from Connecticut enforced in another state?
If you have a valid Connecticut restraining order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid restraining orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my restraining order is good under federal law? to find out if your restraining order qualifies.
Each state must enforce out-of-state restraining orders in the same way it enforces its own orders. Meaning, if the abuser violates your out-of-state restraining order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”
Do I need anything special to get my restraining order enforced?
In most states, you will need a certified copy of your restraining order. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp.
Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.
Can I get someone to help me through this process? Do I need a lawyer?
You do not need a lawyer to get your restraining order enforced in another state.
However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your restraining order, and help you through the process if you decide to do so.
To find a domestic violence advocate or an attorney in the state you are moving to, go to the Places that Help page.
Getting custody provisions enforced in another state
I was granted temporary custody with my restraining order. Can I take my kids out of the state?
Whether or not you can take your kids out of the state may depend on the exact wording of the custody provision in your restraining order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.
To read more about custody laws in Connecticut, go to our Custody page
If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in Connecticut on our CT Places that Help page.
I was granted temporary custody with my restraining order. Will another state enforce this custody order?
Custody, visitation, and child support provisions that are included in an order of protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1
1 18 USC § 2266
Enforcing Your Out-of-State Order in Connecticut
General rules for out-of-state orders in Connecticut
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Planning page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our CT Advocates and Shelters page.
1 18 USC § 2265(d)
Can I have my out-of-state restraining order changed, extended, or canceled in Connecticut?
Generally, only the state that issued your restraining order can change, extend, or cancel the order.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.
If your order does expire while you are living in Connecticut, you may be able to get a new one issued in Connecticut but this may be difficult to do if no new incidents of abuse have occurred in Connecticut. To find out more information on how to get a restraining order in Connecticut, visit our Restraining Orders (Relief from Abuse Orders) page.
I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in Connecticut?
As long as the child custody provision complies with certain federal laws,1 Connecticut can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here CT Finding a Lawyer.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
Registering your out-of-state order in Connecticut
What is the Connecticut automated registry of protective orders? Who has access to it?
The Connecticut automated registry of protective orders contains all restraining orders that have been issued by the Connecticut courts, and all foreign orders of protection that have been registered with the Superior Court.
Any judge of the Superior Court or any employee of the Judicial Department who is authorized by the Chief Court Administrator will have access to the information in the registry. It is not open to the public.1
1 C.G.S. § 51-5c
How do I register my foreign order of protection in Connecticut?
To register your protection order in Connecticut, you can send the following to the superior court:
- a letter or other document requesting registration;
- two copies, including one certified copy, of the foreign order of protection sought to be registered and a statement under the penalty of perjury (i.e., a sworn affidavit) that, to the best of your knowledge, the order has not been changed in any way; and
- your name and address, except if giving your name and address would put your safety in danger.1
See Do I need anything special to get my restraining order enforced? to find out how to get a certified copy of your order.
Note: If it is not safe for you to give out your physical address, you can fill out the “Request for Nondisclosure of Location Information” form (JDFM 188), which is available online and at the superior court. Make sure to give this form to the clerk of court when you are registering your order. Go to our CT Download Court Forms page to find links to many forms online. You will have to provide a mailing address for the court, but you do not have to give your physical address.
To find the superior court in your district, go to our CT Courthouse Locations page.
Once the superior court receives all of this information from you, your protection order will be filed as a foreign judgment, and will be entered into the Connecticut automated registry of protective orders.2
If you need help registering your protection order, you can contact a local domestic violence organization in Connecticut for assistance. You can find contact information for organizations in your area here on our CT Advocates and Shelters page.
1 C.G.S. § 46b-15a(f)
2 C.G.S. § 46b-15a(g)
Do I have to register my protection order in Connecticut in order to get it enforced?
Connecticut state law gives full protection to an out-of-state protection order that appears real and true on its face. It does not have to be entered into the state registry in order to be enforced by a Connecticut police officer.1
1 C.G.S. § 46b-15a
Can I get my protection order enforced in Connecticut? What are the requirements?
Your protection order can be enforced in Connecticut as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
Can I restrict who has access to my personal information in the Connecticut protection order registry?
If you have a protection order in the registry, you can request in writing that your name and address not be given out to anyone, except for the law enforcement agency in the town where you reside, the town where you work, or the town where the abuser lives.
To do this, you must file a Request for nondisclosure of information in protection order registry, form JD-CL-80 at the superior court in your district. This can be done when you are registering your order or after you have registered.
What if I don’t register my protection order? Will it be more difficult to have it enforced?
While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the Connecticut state registry, it may be more difficult for a Connecticut law enforcement official to determine whether your order is real. Meaning, it could take longer to get your order enforced.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Connecticut. To see a list of local domestic violence organizations, go to our CT Advocates and Shelters page.
Does it cost anything to register my protection order?
There is no fee for registering your protection order.