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. The court, in its discretion, may make such orders as it deems appropriate for the protection of any animal owned or kept by the applicant including, but
not limited to, an order enjoining the respondent from injuring or threatening to injure
such animal. 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, or the information contained in such 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; P.A. 06-152, S. 2; P.A. 07-78, S. 1.)
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 that court 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 48 hours of issuance and that family
division 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 Subsec. (b)(2), 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 5 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 90 days to 6 months; P.A. 96-180 made technical change in Subsec. (c) changing fine from $1,000 to $2,000
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 48 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; P.A. 06-152 amended Subsec. (e) by adding provision re sending information contained in application to
law enforcement agencies by facsimile or other means; P.A. 07-78 amended Subsec. (b) by adding provision re court's
authority to make such orders as it deems appropriate for the protection of any animal owned or kept by the applicant.
See Sec. 51-5c re automated registry of protective orders.
Section requires a continuous threat of present physical pain or physical injury. 104 CA 20; Id., 26.
Cited. 44 CS 235.
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Sec. 46b-15a. Foreign order of protection. Full faith and credit. Enforcement.
Affirmative defense. Child custody provision. Registration. (a) For the purposes of
this section, "foreign order of protection" means any protection order, as defined in 18
USC 2266, as from time to time amended, or similar restraining or protective order
issued by a court of another state, the District of Columbia, a commonwealth, territory
or possession of the United States or an Indian tribe.
(b) A valid foreign order of protection that is consistent with 18 USC 2265, as from
time to time amended, shall be accorded full faith and credit by a court of this state and
may be enforced as if it were the order of a court in this state. A foreign order of protection
shall be presumed valid if such order appears authentic on its face. The fact that a foreign
order of protection has not been entered into the automated registry of protective orders
maintained pursuant to section 51-5c, the Connecticut on-line law enforcement communication teleprocessing system maintained by the Department of Public Safety or the
National Crime Information Center (NCIC) computerized index of criminal justice information shall not be grounds for refusing to enforce such order in this state.
(c) A law enforcement officer shall enforce a foreign order of protection in accordance with its terms and the law of this state, and shall arrest any person suspected of
violating such order and charge such person with a violation of section 53a-223b. Nothing in this subsection shall affect the responsibility of a law enforcement officer to make
an arrest pursuant to section 46b-38b.
(d) It shall be an affirmative defense in any action seeking enforcement of a foreign
order of protection or any criminal prosecution involving the violation of a foreign order
of protection that such order is not consistent with or entitled to full faith and credit
pursuant to 18 USC 2265, as from time to time amended.
(e) A child custody provision in a foreign order of protection may be enforced in
this state if such provision (1) complies with the Uniform Child Custody Jurisdiction
Act or the Uniform Child Custody Jurisdiction and Enforcement Act, and (2) is consistent with the Parental Kidnapping Prevention Act of 1980, 28 USC 1738A, as from time
to time amended.
(f) A foreign order of protection may be registered in this state by sending to the
Superior Court in this state: (1) A letter or other document requesting registration; (2)
two copies, including one certified copy, of the foreign order of protection sought to be
registered and a statement under penalty of perjury that, to the best of the knowledge
and belief of the petitioner, the order has not been modified; and (3) the name and address
of the person seeking registration, except if the disclosure of such name and address
would jeopardize the safety of such person.
(g) On receipt of the documents required in subsection (f) of this section, the registering court shall: (1) Cause the foreign order of protection to be filed as a foreign
judgment, together with one copy of any accompanying documents and information,
regardless of their form; and (2) cause the foreign order of protection to be entered in
the automated registry of protective orders maintained pursuant to section 51-5c, together with any accompanying information required or permitted to be contained in the
registry of protective orders pursuant to the procedures adopted by the Chief Court
Administrator under section 51-5c.
(P.A. 99-186, S. 7; P.A. 00-196, S. 47; P.A. 03-98, S. 1.)
History: P.A. 00-196 made technical change in Subsec. (f); P.A. 03-98 added new Subsecs. (a) to (e) re foreign order
of protection, redesignated existing Subsecs. (a) and (b) as new Subsecs. (f) and (g), making conforming and technical
changes therein and, in Subsec. (g), adding provision re entry of foreign order of protection in automated registry of
protective orders, and deleted former Subsecs. (c) to (f) re foreign protective order registration, hearing and confirmation.
See Sec. 51-5c re automated registry of protective orders.
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Sec. 46b-15b. Duties of Superior Court re applicants for restraining orders in
domestic violence situations. The Superior Court shall provide any person who applies
for a restraining order in a domestic violence situation with information on steps necessary to continue such order beyond the initial period and shall provide an applicant with
information on how to contact domestic violence counselors and counseling organizations.
(P.A. 02-127, S. 2.)
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Sec. 46b-15c. Powers of court in family relations matter re taking out-of-court
testimony when one party is subject to a protective order, restraining order or
standing criminal restraining order. Videoconference hearings permitted. Oaths.
Cross-examination. (a) In any court proceeding in a family relations matter, as defined
in section 46b-1, the court may, within available resources, upon motion of the attorney
for any party, order that the testimony of a party or a child who is a subject of the
proceeding be taken outside the physical presence of any other party if a protective
order, restraining order or standing criminal restraining order has been issued on behalf
of the party or child, and the other party is subject to the protective order or restraining
order. Such order may provide for the use of alternative means to obtain the testimony
of any party or child, including, but not limited to, the use of a secure video connection
for the purpose of conducting hearings by videoconference. Such testimony may be
taken in a room other than the courtroom or at another location outside the courthouse
or outside the state. The court shall provide for the administration of an oath to such
party or child prior to the taking of such testimony in accordance with the rules of the
Superior Court.
(b) Nothing in this section shall be construed to limit any party's right to cross-examine a witness whose testimony is taken in a room other than the courtroom pursuant
to an order under this section.
(c) An order under this section may remain in effect during the pendency of the
proceedings in the family relations matter.
(P.A. 08-67, S. 1.)
History: P.A. 08-67 effective July 1, 2008.
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Sec. 46b-16. Petition to Superior Court for ex parte order re temporary care
and custody of child when parent arrested for custodial interference. Duration of
order. (a) When (1) a parent or relative has been arrested for violation of section 53a-97 or 53a-98 or arrested pursuant to chapter 964 for an offense of intentional interference
of the lawful custody of a child under the laws of another state or territory, and (2) a
child has been in the care of such parent or relative, the legal custodian of the child or
the Department of Children and Families may petition the superior court or probate
court which has venue over the matter for immediate temporary custody of the child.
(b) If the court finds that there is a substantial likelihood that the child will be
removed from the jurisdiction of the court prior to a hearing to determine custody, an
order of temporary custody may be issued ex parte by the court granting the temporary
care and custody of the child to a suitable person or agency pending a hearing to determine custody pursuant to chapter 815j or 815p. Such hearing shall be held not more
than five days from the issuance of the ex parte order or less than three days from the
return of service, whichever is later.
(c) If the parent or relative arrested for violation of section 53a-97 or 53a-98 is in
custody of the state, the state shall produce such parent or relative for the hearing to
determine custody of the child pursuant to chapter 815j or 815p.
(d) The sole duty of the Department of Children and Families under this section
shall be to provide care for the child during the period of custody pending determination
of the custodial rights of the parents or guardians.
(P.A. 86-311, S. 2; P.A. 93-91, S. 1, 2; P.A. 03-19, S. 102.)
History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department
of children and youth services, effective July 1, 1993; P.A. 03-19 made technical changes in Subsecs. (b) and (c), effective
May 12, 2003.
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Secs. 46b-17 to 46b-19. Reserved for future use.
Note: Chapters 815b to 815d, inclusive, are also reserved for future use.
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