If you find yourself in an abusive relationship or subject to threats from your significant other, it can be difficult to know what to do or where to turn. There are laws to protect you. Under Connecticut law, a person can obtain a restraining order as against another person if he or she can show that he or she is subject to a continuous threat of present physical pain or physical injury by the other person or is subject to a pattern of stalking.
The law limits the granting of a restraining order to any family or household member, which includes a spouse, a former spouse, parents, children, persons eighteen years of age related by blood or marriage, persons sixteen years of age or older presently residing together, persons who have a child in common, and persons who are in or have recently been in a dating relationship. Accordingly, if the person is not included in the above groups, then the court has no jurisdiction to grant a restraining order under this statute, although other remedies may be available.
In order to obtain a restraining order, you must complete an Application which includes an Affidavit that describes the reasons why the Applicant needs the restraining order. What you write on the Affidavit may impact whether you are granted the restraining order so it is important to obtain legal counsel to make certain that the allegations set forth in the affidavit meet the requirements of the statute.
The Court can then grant the Application on the basis of the Affidavit alone and set the matter down for a hearing to be held within fourteen days. This puts into place an order of protection that remains in place until the hearing is held. The hearing then determines whether the court will continue the Order of Protection for up to an additional year. The hearing is the Respondent’s opportunity to be heard on the allegations set forth in the Application and attached Affidavit.
Do not go it alone. Protect yourself. Give yourself the best opportunity for a positive outcome. We are here to help. Our Family Law Practice Group has assisted countless numbers of individuals in filing the Application for Relief from Abuse and in representing them in the subsequent hearing thereon.
Unfortunately there are also cases in which Applications for Relief from Abuse are improperly used in an effort to gain an advantage in a custody or divorce action. If you feel you are improperly subject to a Restraining Order, do not sit on your rights. Allowing a Restraining Order to enter against you has serious legal consequences. Violation of the Restraining Order is a felony. Make sure you obtain counsel if you find yourself defending against a Restraining Order. Contact our Family Law Practice Group for a consultation.