You asked when restraining orders are effective and what happens when the target of an order cannot be found.

The law specifies the duration of restraining orders but not when they become effective. However, the Judicial Department and Connecticut Coalition Against Domestic Violence (CCADV) report that the orders are effective upon issuance. The target of the order must have notice of it (usually a copy) before he can be punished (held in contempt) for violating its provisions, according to the Judicial Department's Deborah Fuller. (Beginning October 1, 2002, a person who violates a restraining order may also be subject to up to one year in prison, a fine of up to $ 2,000, or both).

By law (CGS § 46b-15), a court may, after a hearing, issue a restraining order to an applicant who alleges that a family or household member or someone she is dating or has dated continuously threatens her with present physical pain or physical injury. The order is effective for up to six months, unless extended by the court. The court can issue an ex parte order (i. e. , without a hearing and outside of the respondent abuser's presence) 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 (Up to a maximum of 10 days) unless it is extended by agreement of the parties or by court order for good cause.

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. If the respondent offender is not served, the application and any ex parte order are voided and the victim has to start the process again, according to CCADV's Sandra Terry. However, Terry reports that courts have been known to continue the order and the application beyond this period if there is evidence that the respondent offender knew of their existence and purposefully avoided service of process.

After notice and a hearing, the court gives certified copies of the restraining order as follows: (1) two to the applicant, (2) one to the Judicial Department's 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)). Terry and Fuller believe that a court would probably hold a respondent offender in contempt if he violated an order's provisions after choosing not to attend the hearing.

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