CHAPTER 815a
FAMILY MATTERS
Table of Contents
Sec. 46b-15. Relief from physical abuse by family or household member or person in dating relationship. Application. Court orders. Duration. Copies. Expedited hearing for violation of order. Other remedies.
Sec. 46b-15. Relief from physical abuse by family or household member or
person in dating relationship. Application. Court orders. Duration. Copies. Expedited hearing for violation of order. Other remedies. (a) Any family or household
member as defined in section 46b-38a who has been subjected to a continuous threat
of present physical pain or physical injury by another family or household member or
person in, or has recently been in, a dating relationship who has been subjected to a
continuous threat of present physical pain or physical injury by the other person in such
relationship may make an application to the Superior Court for relief under this section.
(b) The application form shall allow the applicant, at the applicant's option, to indicate whether the respondent holds a permit to carry a pistol or revolver or possesses one
or more firearms. The application shall be accompanied by an affidavit made under oath
which includes a brief statement of the conditions from which relief is sought. Upon
receipt of the application the court shall order that a hearing on the application be held
not later than fourteen days from the date of the order. The court, in its discretion, may
make such orders as it deems appropriate for the protection of the applicant and such
dependent children or other persons as the court sees fit. Such order may include temporary child custody or visitation rights and such relief may include but is not limited to
an order enjoining the respondent from (1) imposing any restraint upon the person or
liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; or (3) entering the family dwelling or the dwelling
of the applicant. If an applicant alleges an immediate and present physical danger to the
applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and
granted, the order shall not be continued except upon agreement of the parties or by
order of the court for good cause shown.
(c) Every order of the court made in accordance with this section shall contain the
following language: "This order may be extended by the court beyond six months. In
accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a
criminal offense punishable by a term of imprisonment of not more than one year, a
fine of not more than two thousand dollars or both."
(d) No order of the court shall exceed six months, except that an order may be
extended by the court upon motion of the applicant for such additional time as the court
deems necessary. If the respondent has not appeared upon the initial application, service
of a motion to extend an order may be made by first-class mail directed to the respondent
at his or her last known address.
(e) The applicant shall cause notice of the hearing pursuant to subsection (b) of this
section and a copy of the application and the applicant's affidavit and of any ex parte
order issued pursuant to subsection (b) of this section to be served on the respondent
not less than five days before the hearing. The cost of such service shall be paid for by
the judicial branch. Upon the granting of an ex parte order, the clerk of the court shall
provide two certified copies of the order to the applicant. Upon the granting of an order
after notice and hearing, the clerk of the court shall provide two certified copies of the
order to the applicant and a copy to the respondent. Every order of the court made in
accordance with this section after notice and hearing shall contain the following language: "This court had jurisdiction over the parties and the subject matter when it issued
this protection order. Respondent was afforded both notice and opportunity to be heard
in the hearing that gave rise to this order. Pursuant to the Violence Against Women Act
of 1994, 18 USC 2265, this order is valid and enforceable in all fifty states, any territory
or possession of the United States, the District of Columbia, the Commonwealth of
Puerto Rico and tribal lands." Immediately after making service on the respondent, the
proper officer shall send or cause to be sent, by facsimile or other means, a copy of the
application stating the date and time the respondent was served, to the law enforcement
agency or agencies for the town in which the applicant resides, the town in which the
applicant is employed and the town in which the respondent resides. The clerk of the
court shall send, by facsimile or other means, a copy of any ex parte order and of any
order after notice and hearing, or the information contained in any such order, to the
law enforcement agency or agencies for the town in which the applicant resides, the
town in which the applicant is employed and the town in which the respondent resides,
within forty-eight hours of the issuance of such order.
(f) A caretaker who is providing shelter in his or her residence to a person sixty
years or older shall not be enjoined from the full use and enjoyment of his or her home
and property. The Superior Court may make any other appropriate order under the provisions of this section.
(g) When a motion for contempt is filed for violation of a restraining order, there
shall be an expedited hearing. Such hearing shall be held within five court days of service
of the motion on the respondent, provided service on the respondent is made not less
than twenty-four hours before the hearing. If the court finds the respondent in contempt
for violation of an order, the court may impose such sanctions as the court deems appropriate.
(h) An action under this section shall not preclude the applicant from seeking any
other civil or criminal relief.
(P.A. 81-272, S. 2; P.A. 86-337, S. 7; P.A. 87-567, S. 4, 7; P.A. 91-6, S. 1, 3; 91-381, S. 3, 7; P.A. 95-193, S. 1; P.A.
96-180, S. 158, 166; P.A. 97-126, S. 1; P.A. 99-186, S. 4; P.A. 00-196, S. 24; P.A. 01-130, S. 11, 12; P.A. 02-127, S. 7;
02-132, S. 54; May 9 Sp. Sess. P.A. 02-7, S. 77; P.A. 03-202, S. 4; P.A. 05-152, S. 3.)
History: P.A. 86-337 amended Subsec. (a) by substituting "family or household member as defined in section 46b-38a" for "adult person"; amended Subsec. (b) by adding "such order may include temporary child custody or visitation
rights" and providing that order shall not be continued except upon agreement of parties or good cause; amended Subsec.
(e) by requiring (1) court to provide two copies of order to applicant, a copy to family division, a copy to individual to
whom order is directed and certified copy to appropriate law enforcement agency within forty-eight hours of issuance and
(2) family division to provide registry of protective orders and inform peace officers of status of orders; and amended
Subsec. (g) by adding provision re expedited hearing for motion for contempt for violation of restraining order; P.A. 87-567 amended Subsec. (e), adding "and restraining" before "orders"; P.A. 91-6 amended Subsec. (e) by adding "clerk of
the" before "court", changing "file with" to "send to" and deleting provision re registry of protective and restraining orders
by family relations division; P.A. 91-381 added "threatening, harassing" to Subdiv. (2) of Subsec. (b), and amended Subsec.
(e) to require applicant to serve notice of hearing, copy of application and of any ex parte order upon respondent not less
than five days before hearing and to require clerk of the court to provide copies of ex parte order to applicant and family
division and send certified copy of ex parte order and order after notice and hearing to law enforcement agency, deleting
those provisions from their previous locations in Subsec. (b); P.A. 95-193 amended Subsecs. (a) and (b) by changing time
limit on court orders from "ninety days" to "six months"; P.A. 96-180 made technical change in Subsec. (c) changing fine
from one thousand to two thousand dollars in accordance with P.A. 92-256, effective June 3, 1996; P.A. 97-126 amended
Subsec. (e) by adding requirement that court order contain specific language re jurisdiction, notice and hearing, and validity
and enforceability of order; P.A. 99-186 amended Subsec. (a) by adding "or person in, or has recently been in, a dating
relationship who has been subjected to a continuous threat of present physical pain or physical injury by the other person
in such relationship"; P.A. 00-196 made technical change in Subsec. (e); P.A. 01-130 amended Subsec. (b) to require
application form to allow the applicant, at the applicant's option, to indicate whether the respondent holds a permit to carry
a pistol or revolver or possesses one or more firearms and to make a technical change, and amended Subsec. (e) to make
technical changes and replace requirement that the clerk send a certified copy of the order to the "appropriate law enforcement agency" with requirement that the clerk send a copy of the order to the law enforcement agency for the town in which
the applicant resides, to the law enforcement agency for the town in which the respondent resides if different than the town
in which the applicant resides and, if requested by the applicant, to the law enforcement agency for the town in which the
applicant is employed if different than the town in which the applicant resides; P.A. 02-127 amended Subsec. (e) to provide
for the serving of a copy of the applicant's affidavit on the respondent, to add provision requiring that state marshal,
immediately after making service on the respondent, provide a true and attested copy to the law enforcement agency for
the town in which the applicant resides and if the respondent does not reside in such town, that marshal transmit by facsimile
a true and attested copy to the law enforcement agency for the town in which the respondent resides, to remove the phrase
"upon the request of the applicant" re the sending of a certified copy to the town in which the applicant is employed within
forty-eight hours, and to provide for the transmission of a copy by facsimile to the law enforcement agency for the town
in which the applicant is employed if the applicant is employed in a town different than the town in which the applicant
or the respondent resides; P.A. 02-132 amended Subsec. (e) by deleting provisions re copy of order provided to the Family
Division, replacing provisions re sending certified copy of order to law enforcement agency with provisions re sending
copy of or information contained in order to law enforcement agency by facsimile or other means and deleting provision
re sending of order upon request of the applicant, effective January 1, 2003; May 9 Sp. Sess. P.A. 02-7 amended Subsec.
(e) to require the judicial branch to pay for the cost of serving the hearing notice and a copy of the application and of any
ex parte order, effective August 15, 2002; P.A. 03-202 amended Subsec. (e) by replacing references to "state marshal"
with references to "proper officer"; P.A. 05-152 amended Subsec. (e) by replacing provision requiring proper officer to
provide a true and attested copy of ex parte order, affidavit and cover sheet with provision requiring proper officer to send
or cause to be sent a copy of the application and by revising provisions re law enforcement agencies to which copies of
applications, orders and information are to be sent.