You asked several questions about restraining orders, which we answer separately below.

What is the process for assuring that all parties get a copy of the restraining order?

A court may, after a hearing, issue a restraining order to an applicant who alleges that a family or household member or someone he is or has dated continuously threatens him with present physical pain or physical injury. The court can issue an ex parte order (i. e. , those issued outside of the respondent abuser's presence), prior to a hearing, if the applicant alleges that she is in immediate and present physical danger. The ex parte order is only effective until the date of the hearing unless it is extended by agreement of the parties or by court order for good cause.

The court clerk gives the applicant two certified copies of the ex parte restraining order, one copy to the Superior Court's Family Division, and one to the appropriate law enforcement agency within 48 hours after they are issued.

The applicant must make sure that the respondent offender gets notice of the hearing on the application and a copy of the application and any ex parte order issued pursuant to it. The respondent must be served not later than five days before the hearing. The court gives certified copies of restraining orders issued after notice and hearing as follows: (1) two to the applicant, (2) one to the Family Division, (3) one to the respondent, and (4) one to the appropriate law enforcement agency within 48 hours after they are issued (CGS § 46b-15 (b) and (e)).

Who serves restraining orders?

State marshals, constables, other proper officers, and to a limited extent any indifferent person (i. e. , anyone who is not a party to the action) may serve ex parte restraining orders. Indifferent parties may serve them only if multiple respondents living in different counties are named in the order. Additionally, borough bailiffs may serve any restraining order in their borough that state marshals or constables can serve (CGS § 52-50). The court gives both the applicant and the respondent a copy of regular orders, that is those issued after notice and a hearing (CGS § 46b-15).

Can these process servers carry a firearm or another form of protection?

State marshals, constables, and other peace or parole officers can carry firearms without first obtaining a carrying permit. Most other people can carry a weapon if they apply for and receive a carrying permit (CGS § 29-35).

How much are these process servers paid?

These process servers receive $ 30 for each process served plus mileage (CGS § 52-261, as amended by PA 01-9). (HB 5031, favorably reported by the Judiciary Committee, would transfer the cost of serving the respondent from the victim to the Judicial Branch).

Have there been any discussions about allowing or requiring police officers to serve restraining orders? If so, what were the arguments for and against? If not, what problems are foreseen if police are given this authority?

We are not aware of any discussions about requiring police officers to serve restraining orders. Under existing law, police officers, as indifferent parties, may serve restraining orders subject to the limitations of other indifferent parties. Cromwell Police Chief Anthony Salvatore, Police Chiefs Association, cites time and money as the primary reasons why law enforcement officers should not be involved in the service of civil process. He states that time they would spend as process servers would be time away from law enforcement. This added responsibility could,

depending on the number of restraining orders court issue, compromise public safety-law enforcement officers' chief responsibility, according to Salvatore.

One possible argument for having police officers serve restraining order is that they would be familiar with the respondent (offender) in the event of a subsequent criminal violation of the order.

SN-e: ro