Secs. 46b-17 to 46b-19. Reserved
Sec. 46b-15. Relief for victim of domestic violence. Application. Court orders. Duration. Service of application, affidavit, any ex parte order and notice of hearing. Copies. Expedited hearing for violation of order. Other remedies. (a) Any family or household member, as defined in section 46b-38a, who is the victim of domestic violence, as defined in section 46b-1, by another family or household member may make an application to the Superior Court for relief under this section. The court shall provide any person who applies for relief under this section with the information set forth in section 46b-15b.
(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, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition. 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 except that, if the application indicates that the respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition, and the court orders an ex parte order, the court shall order that a hearing be held on the application not later than seven days from the date on which the ex parte order is issued. 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. In making such orders ex parte, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. In addition, at the time of the hearing, the court, in its discretion, may also consider a report prepared by the family services unit of the Judicial Branch, provided the person who prepared such report is available to testify at the hearing and is subject to cross examination. The report may include, as available: Any existing or prior orders of protection obtained from the protection order registry; information on any pending criminal case or past criminal case in which the respondent was convicted of a violent crime; any outstanding arrest warrant for the respondent; and the respondent's level of risk based on a risk assessment tool utilized by the Court Support Services Division. The report may also include information pertaining to any pending or disposed family matters case involving the applicant and respondent. Any report provided by the Court Support Services Division to the court shall also be provided to the applicant and respondent. Such orders 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. Such order may include provisions necessary to protect 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 ex parte order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. If a hearing on the application is scheduled or an ex parte order is granted and the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any such ex parte order shall remain in effect until the date of such hearing. If the applicant is under eighteen years of age, a parent, guardian or responsible adult who brings the application as next friend of the applicant may not speak on the applicant's behalf at such hearing unless there is good cause shown as to why the applicant is unable to speak on his or her own behalf, except that nothing in this subsection shall preclude such parent, guardian or responsible adult from testifying as a witness at such hearing. As used in this subsection, “violent crime” includes: (A) An incident resulting in physical harm, bodily injury or assault; (B) an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault, including, but not limited to, stalking or a pattern of threatening; (C) verbal abuse or argument if there is a present danger and likelihood that physical violence will occur; and (D) cruelty to animals as set forth in section 53-247.
(c) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in conformance with subsection (h) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (h) of this section.
(d) Any ex parte restraining order entered under subsection (b) of this section in which the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, may include, if no order exists, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, in addition to any orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or necessary services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; or (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects.
(e) At the hearing on any application under this section, if the court grants relief pursuant to subsection (b) of this section and the applicant and respondent are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the applicant or the dependent child or children in common of the applicant and respondent, any orders entered by the court may include, in addition to the orders authorized under subsection (b) of this section, any of the following: (1) An order prohibiting the respondent from (A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the applicant, (B) taking any action that could result in the cancellation, change of coverage or change of beneficiary of any health, automobile or homeowners insurance policy to the detriment of the applicant or the dependent child or children in common of the applicant and respondent, or (C) transferring, encumbering, concealing or disposing of specified property owned or leased by the applicant; (2) an order providing the applicant with temporary possession of an automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key or other necessary specified personal effects; or (3) an order that the respondent: (A) Make rent or mortgage payments on the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the applicant and the dependent child or children in common of the applicant and respondent, (C) maintain all existing health, automobile or homeowners insurance coverage without change in coverage or beneficiary designation, or (D) provide financial support for the benefit of any dependent child or children in common of the applicant and the respondent, provided the respondent has a legal duty to support such child or children and the ability to pay. The court shall not enter any order of financial support without sufficient evidence as to the ability to pay, including, but not limited to, financial affidavits. If at the hearing no order is entered under this subsection or subsection (d) of this section, no such order may be entered thereafter pursuant to this section. Any order entered pursuant to this subsection shall not be subject to modification and shall expire one hundred twenty days after the date of issuance or upon issuance of a superseding order, whichever occurs first. Any amounts not paid or collected under this subsection or subsection (d) of this section may be preserved and collectible in an action for dissolution of marriage, custody, paternity or support.
(f) (1) Every order of the court made in accordance with this section shall contain the following language: (A) “This order may be extended by the court beyond one year. In accordance with section 53a-107 of the Connecticut general statutes, 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.”; and (B) “In accordance with section 53a-223b of the Connecticut general statutes, any violation of subparagraph (A) or (B) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than five years, a fine of not more than five thousand dollars, or both. Additionally, any violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of section 53a-223b constitutes criminal violation of a restraining order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both.”.
(2) Each applicant who receives an order of the court in accordance with this section shall be given a notice that contains the following language: “If a restraining order has been issued on your behalf or on behalf of your child, you may elect to give testimony or appear in a family court proceeding remotely, pursuant to section 46b-15c. Please notify the court in writing at least two days in advance of a proceeding if you choose to give testimony or appear remotely, and your physical presence in the courthouse will not be required in order to participate in the court proceeding.”.
(g) No order of the court shall exceed one year, 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 the respondent's last-known address.
(h) (1) 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 three days before the hearing. A proper officer responsible for executing such service shall accept all documents in an electronic format, if presented to such officer in such format. The cost of such service, including mileage pursuant to section 52-261, shall be paid for by the Judicial Branch. No officer or person shall be entitled to a fee for service pursuant to this section if timely return of service is not received by the court, absent a court order authorizing such fee. For the purposes of this subsection, timely return includes, but is not limited to, transmitting by facsimile or other means, a copy of the return of service to the court prior to the hearing followed by the delivery of the original return to the court within a reasonable time after the hearing.
(2) When (A) an application indicates that a respondent holds a permit to carry a pistol or revolver, an eligibility certificate for a pistol or revolver, a long gun eligibility certificate or an ammunition certificate or possesses one or more firearms or ammunition, and (B) the court has issued an ex parte order pursuant to this section, the proper officer responsible for executing service shall, whenever possible, provide in-hand service and, prior to serving such order, shall (i) provide notice to the law enforcement agency for the town in which the respondent will be served concerning when and where the service will take place, and (ii) send, or cause to be sent by facsimile or other means, a copy of the application, the applicant's affidavit, the ex parte order and the notice of hearing to such law enforcement agency, and (iii) request that a police officer from the law enforcement agency for the town in which the respondent will be served be present when service is executed by the proper officer. Upon receiving a request from a proper officer under the provisions of this subdivision, the law enforcement agency for the town in which the respondent will be served may designate a police officer to be present when service is executed by the proper officer.
(3) Upon the granting of an ex parte order, the clerk of the court shall provide two 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 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 be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (A) 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, and (B) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. 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. If the victim, or victim's minor child protected by such order, is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the victim, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the victim, or victim's minor child protected by such order, is enrolled and the special police force established pursuant to section 10a-156b, if any, at the institution of higher education at which the victim, or victim's minor child protected by such order, is enrolled, if the victim provides the clerk with the name and address of such school or institution of higher education.
(i) 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.
(j) 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.
(k) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.
(l) For purposes of this section, “police officer” means a state police officer or a sworn member of a municipal police department and “law enforcement agency” means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department.
(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; P.A. 10-36, S. 4; 10-144, S. 1, 2; P.A. 11-152, S. 1; P.A. 12-114, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 97; P.A. 13-3, S. 36; 13-194, S. 2; P.A. 14-217, S. 120; P.A. 16-34, S. 3; 16-105, S. 4; P.A. 17-163, S. 1; 17-237, S. 112; P.A. 21-78, S. 2; P.A. 22-26, S. 59, 62.)
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; P.A. 10-36 amended Subsec. (b) to replace “The court, in its discretion, may make such orders as it deems appropriate for the protection of any animal” with “Such order may include provisions necessary to protect any animal”, effective July 1, 2010; P.A. 10-144 amended Subsec. (b) to make technical changes and permit court to consider relevant court records available to public from clerk or web site, and amended Subsec. (e) to delete “certified” re copies of order and replace requirement re specific language in order re jurisdiction, notice, hearing and validity and enforceability of order with requirement that order be accompanied by notification consistent with full faith and credit provisions in 18 USC 2265(a); P.A. 11-152 amended Subsec. (a) to add “stalking or a pattern of threatening”, and delete provisions re person in, or who has recently been in, a dating relationship; P.A. 12-114 amended Subsec. (a) to add provision re pattern of threatening as described in Sec. 53a-62, amended Subsecs. (c) and (d) to change maximum duration of order from 6 months to 1 year, amended Subsec. (e) to add provision re clerk of court to send copy of order to school at which victim is enrolled, and made technical changes; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (e) to substitute “technical high school” for “regional vocational technical school”; P.A. 13-3 amended Subsec. (b) to provide that application form allow applicant to indicate if respondent possesses ammunition; P.A. 13-194 amended Subsec. (b) to add “ex parte” re order that shall not be continued except upon agreement of parties or court order for good cause shown, and add provision re hearing to be held on next day court is open if court is closed on scheduled hearing date, and re ex parte order to remain in effect until date of hearing; P.A. 14-217 added new Subsecs. (c) and (d) re relief that court may grant on an ex parte basis or after hearing, redesignated existing Subsec. (c) as Subsec. (e) and amended same to designate existing provision re required language as Subdiv. (1) and make a technical change therein and to add Subdiv. (2) re required language in order re penalty for criminal violation of restraining order, and redesignated existing Subsecs. (d) to (h) as Subsecs. (f) to (j), effective January 1, 2015; P.A. 16-34 amended Subsec. (b) by adding provisions re eligibility certificate for pistol, revolver or long gun or ammunition certificate and re exception if application indicates respondent holds permit to carry pistol or revolver or eligibility certificate for pistol, revolver or long gun or ammunition certificate or possesses firearms or ammunition and court orders ex parte order, added new Subsec. (c) re extension of ex parte order, redesignated existing Subsecs. (c) to (j) as Subsecs. (d) to (k), amended redesignated Subsec. (h) by designating existing provisions re applicant to cause service on respondent as Subdiv. (1) and amending same to replace “five days” with “three days”, designating existing provisions re granting of ex parte order as Subdiv. (3) and amending same by designating existing provisions re proper officer to send copy of application stating date and time respondent was served to law enforcement agency as Subpara. (A) and adding Subpara. (B) re input of date, time and method of service into service tracking system, and adding Subdiv. (2) re proper officer responsible for executing service to provide notice to law enforcement agency and designation of police officer to be present when service executed, added Subsec. (l) defining “police officer” and “law enforcement agency” and made conforming changes; P.A. 16-105 amended Subsec. (a) by adding provisions re court to provide person who applies for relief with information set forth in Sec. 46b-15b and amended Subsec. (b) by substituting “making such orders ex parte” for “making such orders” re court may consider relevant court records, and adding provisions re court may consider report prepared by family services unit of Judicial Branch, re content and provision of report and re parent, guardian or responsible adult who brings application as next friend of applicant under age 18; P.A. 17-163 amended Subsec. (h)(3) to add references to victim's minor child protected by order and provision re victim providing clerk with name and address of school or institution of higher education, effective January 1, 2018; P.A. 17-237 amended Subsec. (h)(3) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 21-78 amended Subsec. (a) by substituting family or household member who “is the victim of domestic violence, as defined in section 46b-1, by another family or household member” for family of household member who “has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, including, but not limited to, a pattern of threatening, as described in section 53a-62, by another family or household member”, amended Subsec. (f) by redesignating existing provisions as Subsec. (f)(1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding Subdiv. (2) re notice of remote testimony or appearance in family court proceeding and amended Subsec. (h)(1) to add provision re acceptance by proper officer of documents in electronic format; P.A. 22-26 amended Subsec. (b) to add proviso to provision that permits court to consider report prepared by the family services unit of the Judicial Branch requiring the person who prepared such report to be available to testify at the hearing and be subject to cross examination and amended Subsec. (h)(1) to add that cost of service includes mileage pursuant to Sec. 52-261 and that no officer or person shall be entitled to a fee for service pursuant to section, absent court order authorizing fee, unless timely return of service is received by the court.
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. Trial court did not exceed its statutory authority when it ordered alcohol abuse counseling since it could reasonably have concluded that such counseling was necessary for the protection of the family, and did not exceed its statutory authority by extending restraining order to protect adult daughter since section allows orders appropriate for the protection of other persons as the court sees fit. 127 CA 586. Provision that “the court may impose such sanctions as the court deems appropriate” is ambiguous, and incarceration was not an appropriate sanction in a civil contempt proceeding for violation of a domestic restraining order where incarceration would not allow a contemnor to avoid or lessen the sentence of incarceration by purging himself of the contempt. 143 CA 1. The word “stalking” is to be construed according to its commonly approved usage, as opposed to the narrower definitions of stalking found in the Penal Code; trial court did not abuse its discretion in concluding in the context of all of the evidence that defendant's conduct in driving past plaintiff's home, turning around, and driving past the home a second time constituted an act of stalking. 150 CA 105. Because section is silent as to the applicable standard of proof, the preponderance of the evidence standard applies for the granting of a civil restraining order. 191 CA 850. Although a court may consider the subjective reaction of an alleged victim, the court must apply an objective standard in assessing a pattern of threatening. 214 CA 821.
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 Emergency Services and Public Protection 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; P.A. 11-51, S. 134.)
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; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011.
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 a domestic violence counselor, as defined in section 52-146k, and a domestic violence agency, as defined in section 52-146k.
(P.A. 02-127, S. 2; P.A. 16-105, S. 5.)
History: P.A. 16-105 substituted “counselor, as defined in section 52-146k, and a domestic violence agency, as defined in section 52-146k” for “counselors and counseling organizations” and made a technical change.
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Sec. 46b-15c. Out-of-court testimony in family relations matter when one party is subject to a protective order, restraining order or standing criminal protective order. Videoconference hearings permitted. Oaths. Cross-examination. Notice. (a) In any court proceeding in a family relations matter, as defined in section 46b-1, the court shall, upon the written request of a party or the attorney for any party made not less than two days prior to such proceeding, 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 protective order has been issued on behalf of the party or child, and the other party is subject to the protective order, restraining order or standing criminal protective 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.
(d) A notice describing the provisions of subsection (a) of this section shall be (1) posted on the Internet web site of the Judicial Branch, (2) included in any written or electronic form that describes the automatic orders in cases involving a dissolution of marriage or legal separation under section 46b-40, and (3) included in any written or electronic form provided to a person who receives a protective order under section 46b-38c, a standing criminal protective order under section 54a-40e or a restraining order, under section 46b-15.
(P.A. 08-67, S. 1; P.A. 10-144, S. 11; P.A. 21-78, S. 3.)
History: P.A. 08-67 effective July 1, 2008; P.A. 10-144 amended Subsec. (a) to substitute “standing criminal protective order” for “standing criminal restraining order”; P.A. 21-78 amended Subsec. (a) to require a court order on written request of a party or attorney for any party made not less than 2 days prior to such proceeding, and added Subsec. (d) re notice.
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Sec. 46b-15d. Courthouse space allocation for meeting between person seeking service of hearing notice and order and proper officer. In each Superior Court where a restraining order issued under section 46b-15 may be made returnable, the Chief Court Administrator shall, where feasible, work to allocate space in such court so as to permit a meeting between a person seeking service of the notice of hearing and any order issued under section 46b-15 and a proper officer.
(P.A. 16-34, S. 4.)
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Sec. 46b-15e. Chief Court Administrator's responsibilities re applications for restraining orders and educational materials re the risk protection order and warrant processes and collection of data relating to restraining orders and civil protection orders. (a)(1) The Office of the Chief Court Administrator shall revise and simplify the process for filing an application for relief under section 46b-15. The Office of the Chief Court Administrator shall ensure that any person seeking to file an application for relief is provided with a one-page, plain language explanation of how to apply for relief under section 46b-15.
(2) The Office of the Chief Court Administrator shall develop and make available to the public educational materials concerning the risk protection order and warrant processes set forth in section 29-38c relating to a person who poses a risk of imminent personal injury to himself or herself or to another person. The Office of the Chief Court Administrator shall develop and make available to the public in hard copy and electronically on the Internet web site of the Judicial Branch a form to enable a family or household member or medical professional, each as defined in section 29-38c, to apply to have a risk protection order investigation ordered and a one-page, plain language explanation of how to apply for such order. The form shall contain questions designed to solicit information significant to a determination. The public educational materials and form shall prominently advise the applicant that a risk protection order or warrant may be sought through and with the assistance of a municipal or state police agency or a state's attorney's office, and of the benefits of doing so.
(b) The Chief Court Administrator shall annually collect data on (1) the number of restraining orders issued under section 46b-15 and civil protection orders issued under section 46b-16a; (2) the number of such orders that are not picked up by an applicant from the office of the clerk at the court location which issued the order; (3) the method of service of such orders in cases in which a respondent is successfully served with the order; (4) the number of requests for a police officer to be present at the time service of an order pursuant to subsection (h) of section 46b-15; and (5) the number of such orders issued that subsequently expire or are dismissed because the respondent could not be served with the order.
(P.A. 16-34, S. 5; P.A. 21-67, S. 2; P.A. 22-37, S. 23.)
History: P.A. 21-67 amended Subsec. (a) by substituting “office of the Chief Court Administrator” for “Chief Court Administrator”, designating existing provisions as Subdivs. (1) and (2) and adding provision re risk protection order process and public availability of forms and educational materials, effective June 1, 2022; P.A. 22-37 made technical changes in Subsecs. (a)(1) and (a)(2), effective June 1, 2022; P.A. 22-37 made technical changes in Subsecs. (a)(1) and (a)(2), effective June 1, 2022.
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Sec. 46b-15f. Grant program to provide legal assistance to indigents applying for restraining orders. (a) There is established a grant program to provide individuals who are indigent with access to legal assistance at no cost when making an application for a restraining order under section 46b-15. The grant program shall be administered by the organization that administers the program for the use of interest earned on lawyers' clients' funds accounts pursuant to section 51-81c. Funds appropriated to the Judicial Branch for the purpose of the grant program shall be transferred to the organization administering the program.
(b) Not later than three months after receiving funding in any year from the state, the organization administering the program shall issue a request for proposals from nonprofit entities whose principal purpose is providing legal services at no cost to individuals who are indigent, for the purpose of awarding grants to provide counsel to indigent individuals who express an interest in applying for a restraining order pursuant to section 46b-15, and, to the extent practicable within the funding awarded, representing such individuals throughout the process of applying for such restraining order, including at prehearing conferences and at the hearing on an application. A nonprofit entity responding to the request for proposals may partner with law schools or other non-profit entities or publicly funded organizations that are not governmental entities, for the provision of services pursuant to a grant. Each response to the request for proposals shall specify the judicial district courthouse, or courthouses, for which services will be provided.
(c) The organization administering the program may only award a grant (1) to provide services in the judicial districts of Fairfield, Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an amount not to exceed two hundred thousand dollars, except that a grant to provide services in the judicial district with the highest average number of applications for restraining orders under section 46b-15 over the previous three fiscal years may receive a grant of not more than four hundred thousand dollars. Grants may not be used to provide services to individuals who are not indigent.
(d) The organization administering the program may only award a grant to a nonprofit entity whose principal purpose is providing legal services to individuals who are indigent, if such nonprofit entity demonstrates the ability to:
(1) Verify at the time of meeting with an individual that such potential client is indigent and meets applicable household income eligibility requirements set by the entity;
(2) Arrange for at least one individual who has the relevant training or experience and is authorized to provide legal counsel to eligible indigent individuals who express an interest in applying for a restraining order, to be present in the courthouse or courthouses identified in response to the request for proposals or be available to meet remotely during all business hours;
(3) To the greatest extent practicable within the funding awarded, provide continued representation to eligible indigent individuals throughout the restraining order process, including in court for the hearing on the restraining order, when such individuals request such continued representation after receiving assistance with a restraining order application;
(4) Provide any individual in the courthouse who expresses an interest in applying for a restraining order with all applicable forms that may be necessary to apply for a restraining order; and
(5) Track and report to the organization administering the program on the services provided pursuant to the program, including (A) the procedural outcomes of restraining order applications filed, (B) the number of instances where legal counsel was provided prior to the filing of an application but not during the remainder of the restraining order process, and the reasons limiting the duration of such representation, and (C) information on any other legal representation provided to individuals pursuant to the program on matters that were ancillary to the circumstances that supported the application for a restraining order.
(e) In awarding grants, the organization administering the program shall give preference to nonprofit entities (1) that demonstrate the ability to provide legal representation to clients regarding matters ancillary to the circumstances that supported the application for a restraining order; (2) with experience offering legal representation to individuals during the restraining order process; or (3) that can provide quality remote services should courthouses be closed to the public.
(f) The Chief Court Administrator shall:
(1) Provide each grant recipient with office space, if available, in the judicial district courthouse or courthouses served by such recipient under the grant program to conduct intake interviews and assist clients with applications for restraining orders;
(2) Require court clerks at such courthouses, prior to accepting an application for a restraining order pursuant to section 46b-15 to (A) inform each individual filing such application, or inquiring about filing such an application, that pro bono legal services are available from the grant recipient for income-eligible individuals and, if office space has been provided to the grant recipient, where the grant recipient is located in the courthouse, and (B) if cards or pamphlets containing information about pro bono legal services have been provided to the courthouse by the grant recipient, provide such a card or pamphlet to the individual; and
(3) If a poster of reasonable size containing information about pro bono legal services has been provided to a courthouse served by a grant recipient, require the display of such poster in a manner that is visible to the public at or near the location where applications for a restraining order are filed in such courthouse.
(g) The Chief Court Administrator shall post on the Internet web site of the Judicial Branch where instructions for filing a restraining order pursuant to section 46b-15 are provided, information on the pro bono legal services available from grant recipients for income-eligible individuals at the applicable courthouses.
(h) For each year that funding is provided for the program under this section, the organization administering the program shall either conduct, or partner with an academic institution or other qualified entity for the purpose of conducting, an analysis of the impact of the program, including, but not limited to, (1) the procedural outcomes for applications filed in association with services provided by grant recipients under the program, (2) the types and extent of legal services provided to individuals served pursuant to the program, including on matters ancillary to the restraining order application, and (3) the number of cases where legal services were provided before an application was filed but legal representation did not continue during the restraining order process and the reasons for such limited representations. Not later than July first of the year following any year in which the program received funding, the organization administering the program shall submit a report on the results of such analysis in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(i) Up to five per cent of the total amount received by the organization administering the grant program may be used for the reasonable costs of administering the program, including the completion of the analysis and report required by subsection (h) of this section.
(P.A. 21-78, S. 15.)
History: P.A. 21-78 effective June 28, 2021.
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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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Sec. 46b-16a. Issuance of civil protection order on behalf of person who has been victim of sexual abuse, sexual assault or stalking. Application. Hearing. Court orders. Duration. Notice. Other remedies. (a) Any person who has been the victim of sexual abuse, sexual assault or stalking may make an application to the Superior Court for relief under this section, provided such person has not obtained any other court order of protection arising out of such abuse, assault or stalking and does not qualify to seek relief under section 46b-15. As used in this section, “stalking” means two or more wilful acts, performed in a threatening, predatory or disturbing manner of: Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.
(b) The application shall be accompanied by an affidavit made by the applicant under oath that includes a statement of the specific facts that form the basis for relief. If the applicant attests that disclosure of the applicant's location information would jeopardize the health, safety or liberty of the applicant or the applicant's children, the applicant may request, on a form prescribed by the Chief Court Administrator, that his or her location information not be disclosed. Upon receipt of the application, if the allegations set forth in the affidavit meet the requirements of subsection (a) of this section, the court shall schedule a hearing not later than fourteen days from the date of the application. If a postponement of a hearing on the application is requested by either party, no ex parte order shall be continued except upon agreement of the parties or by order of the court for good cause shown. If the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any ex parte order that was issued shall remain in effect until the date of such hearing. If the applicant is under eighteen years of age, a parent, guardian or responsible adult who brings the application as next friend of the applicant may not speak on the applicant's behalf at such hearing unless there is good cause shown as to why the applicant is unable to speak on his or her own behalf, except that nothing in this subsection shall preclude such parent, guardian or responsible adult from testifying as a witness at such hearing. If the court finds that there are reasonable grounds to believe that the respondent has committed acts constituting grounds for issuance of an order under this section and will continue to commit such acts, or acts designed to intimidate or retaliate against the applicant, the court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant. If the court finds that there are reasonable grounds to believe that an imminent danger exists to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include, but are 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; and (3) entering the dwelling of the applicant.
(c) No order of the court shall exceed one year, except that an order may be extended by the court upon proper motion of the applicant, provided a copy of the motion has been served by a proper officer on the respondent, no other order of protection based on the same facts and circumstances is in place and the need for protection, consistent with subsection (a) of this section, still exists.
(d) 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 by a proper officer on the respondent not less than five days before the hearing. The cost of such service, including mileage pursuant to section 52-261, shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. No officer or person shall be entitled to a fee for service pursuant to this section if timely return of service is not received by the court, absent a court order authorizing such fee. For the purposes of this subsection, timely return includes, but is not limited to, transmitting by facsimile or other means, a copy of the return of service to the court prior to the hearing followed by the delivery of the original return to the court within a reasonable time after the hearing. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two 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 be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (1) 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, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. 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, not later than forty-eight hours after the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection. If the applicant is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the applicant is enrolled, if the applicant provides the clerk with the name and address of such school or institution of higher education.
(e) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in conformance with subsection (d) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk of the court shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (d) of this section.
(f) An action under this section shall not preclude the applicant from subsequently seeking any other civil or criminal relief based on the same facts and circumstances.
(P.A. 14-217, S. 186; P.A. 16-34, S. 6; 16-105, S. 6; P.A. 17-99, S. 1; 17-163, S. 2; 17-237, S. 113; P.A. 21-104, S. 17; P.A. 22-26, S. 63; 22-37, S. 24.)
History: P.A. 14-217 effective January 1, 2015; P.A. 16-34 amended Subsec. (d) by designating existing provisions re proper officer to send copy of application stating date and time respondent was served as Subdiv. (1), adding Subdiv. (2) re proper officer to input date, time and method of service into service tracking system and adding “, and immediately to the Commissioner of Emergency Services and Public Protection”; P.A. 16-105 amended Subsec. (b) by adding provisions re continuance of ex parte order if postponement of hearing requested and re parent, guardian or responsible adult who brings application as next friend of applicant under age 18 not to speak on applicant's behalf unless good cause shown; P.A. 17-99 amended Subsec. (a) by defining “stalking” and deleting references to Secs. 53a-181c, 53a-181d and 53a-181e, and amended Subsec. (b) by adding provision re applicant may request his or her location information not be disclosed; P.A. 17-163 amended Subsec. (d) to add provision re applicant providing name and address of school or institution of higher education to clerk, effective January 1, 2018; P.A. 17-237 amended Subsec. (d) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 21-104 added new Subsec. (e) re extension of ex parte order when service not made and redesignated existing Subsec. (e) as Subsec. (f), effective June 28, 2021; P.A. 22-26 amended Subsec. (d) to add that cost of service includes mileage pursuant to Sec. 52-261 and that no officer or person shall be entitled to a fee for service pursuant to section, absent court order authorizing fee, unless timely return of service is received by the court; P.A. 22-37 made a technical change in Subsec. (b).
To establish the element of fear, which is necessary for issuance of a civil protection order, the plaintiff must establish that she subjectively feared for her personal safety and such fear was reasonable. 341 C. 483.
Use of the term “and” is disjunctive, otherwise reference to Sec. 53a-181d would be superfluous, thus an applicant for a civil protection order on the basis of stalking is required to prove only that there are reasonable grounds to believe that defendant stalked and will continue to stalk, as described in Secs. 53a-181c, 53a-181d or 53a-181e. 163 CA 493. In order to obtain an extension of a civil protection order, Subsecs. (a) and (c) provide that a victim of sexual assault present evidence that the need for protection still exists. 176 CA 730. Section does not require prior threats or instances of physical violence for party to reasonably fear for party's physical safety. 201 CA 734.
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Secs. 46b-17 to 46b-19. Reserved for future use.
Note: Chapters 815b to 815d are also reserved for future use.
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