How To Get A Restraining Order In Connecticut

Citizens can get both restraining and protection orders in Connecticut. A restraining order protects a family or household member from ongoing threats of physical harm, stalking, or abuse by another member, as defined in CT Gen Stat § 46b-38a(2). Per CT Gen Stat § 46b-16a, a civil protection order protects victims of sexual abuse, assault, or stalking by someone who is not a family or household member and when no other protective order has been issued. Once a court grants a restraining or protective order, it becomes part of Connecticut civil court records. These records are available to the public online or in person at the court where the restraining or protective order was issued. 

Anyone who violates a civil restraining or protection order is guilty of a class D felony, punishable by a maximum prison term of five years, a $5,000 fine, or both (CGS § 53a-223b). Under PA 14-217 § 124, this offense becomes a Class C felony if it involves restraint, threats, harassment, assault, or similar acts (CGS § 53a-223b(c)(2)). A class C felony is punishable by a fine up to $10,000, imprisonment ranging from one to 10 years, or both. Anyone who violates a civil protection or restraining order by entering or remaining in a building or any other premises has committed a first-degree criminal trespass (CGS § 53a–107). This crime is considered a class A misdemeanor, punishable by a $2,000 fine, up to one year in prison, or both.

Types Of Restraining Orders in Connecticut

Connecticut offers the following types of restraining orders to eligible individuals: 

• A  temporary restraining order: This is issued by a judge when they believe a person is in imminent danger and lasts until the hearing date. 
• A Criminal Protective Order: This order is usually issued at an arraignment when a defendant has been arrested for stalking, risk of injury, family violence, harassment, or sexual assault offenses. It lasts as long as the case is pending in court. 
• A Standing Criminal Protective Order: It is sometimes called a "life order" because it is usually issued for a lengthy duration in severe criminal cases.
• Civil Restraining Order: This order is issued to provide relief from stalking, physical abuse, or a pattern of threatening by a family or household member (CT Gen Stat §46b-15). 
• Civil Protection Order: This order provides protection to a victim of sexual assault, sexual abuse, or stalking who is not eligible for a restraining order (CT Gen Stat §46b-16a). 
• Foreign Order of Protection: This is a court order issued initially by another state, the District of Columbia, a U.S. territory, commonwealth, possession, or an Indian tribe, but formally registered in Connecticut. Its purpose is to prevent acts of violence, threats, harassment, contact or communication with, or physical closeness to another individual (CT Gen Stat §46b-15a). 

Are Restraining Orders Public Record In Connecticut?

In Connecticut, restraining or protection orders are generally considered public records. Once a restraining order is filed in court, it becomes publicly available to residents. Anyone can view restraining or protection orders online through the Connecticut Judicial Branch's Case Look-up tool or obtain copies at the courthouse that issued them. However, protective orders available on the Connecticut Judicial Branch's Protection Order Registry (POR) are not open to the public. Only authorized criminal justice agencies can access the database. 

How To Lookup Restraining Orders In Connecticut

Members of the public can look up restraining orders in Connecticut through the following methods: 

• Online through the Connecticut Judicial Branch's Case Look-up tool. 
• In person at local police stations
• In person at the courts where it was issued
• Online through third-party databases 
• Online via the Connecticut Judicial Branch's Protection Order Registry

Can You Lookup A Restraining Order Online?

Yes. Restraining orders are public records and can be accessed online through the Connecticut Judicial Branch's Case Look-up tool. Users will need a name or docket number to conduct the search. Anyone can retrieve information via the portal without charges. Individuals who cannot find a restraining order on the online database can visit the court where the order was issued to submit a request. 

How To File A Restraining Order In Connecticut

Below are the steps to follow when filing a protective order in Connecticut:

• Step 1: Fill out the court forms

Applicants can get protective order forms at any courthouse in Connecticut or online at Official Court Webforms. They must complete the Application for Civil Protection Order (JD-CV-143) and Affidavit - Civil Protection Order (JD-CV-144) Forms.

• Step 2: Bring your completed forms to the court clerk's office 

Applicants must bring completed, unsigned forms to the clerk's office at the courthouse that serves the town where they or the defendant lives. The forms must be signed before a court clerk, a lawyer, or a notary public. The applicant must remember to bring a valid ID, such as a driver's license, to confirm their identity so the person notarizing their form can confirm it. The Clerk will give the Application and Affidavit forms to the judge, who will decide on the restraining order by the end of the day. The judge can grant a temporary restraining order, and the court will schedule a hearing date within 14 days or 7 days if the defendant has a permit to carry or own firearms.

• Step 3: Have a marshal give the papers to the other person

If the judge issues a temporary restraining order or schedules a hearing, the clerk will return the original documents to the person along with additional copies. The applicant must ask a State Marshal to serve a copy of these papers on the defendant. They must also complete the Restraining Order Service Respondent Profile (SMC-2) to provide detailed information about the defendant to the marshal so they can easily find them. The Marshal must serve the papers on the defendant not less than 3 days before the hearing date. The original papers and a return of service must be returned to the court before the hearing as proof that the Respondent has been served. 

• Step 4: Attend the hearing 

The applicant should attend the hearing with any evidence to back up their claims. They can bring a witness, such as a neighbor or police officer, to the hearing. However, they can ask the clerk for a subpoena and get a marshal to serve it on the witness at least 18 hours before the hearing. If the judge grants the restraining order request after the hearing, the clerk will give the applicant a certified copy of a Civil Protection Order.

Can You File A Restraining Order For No Reason In Connecticut?

No. Individuals cannot file a restraining or protection order in Connecticut for no reason. They must have experienced or be in immediate danger of experiencing physical abuse, stalking, sexual assault, or a pattern of threatening behavior from a family or household member. 

What Proof Do You Need For A Restraining Order In Connecticut?

Only individuals who can demonstrate a continuous threat of present physical pain or injury, stalking, or a pattern of threatening by another person are eligible to obtain a restraining or protection order in Connecticut. They will have to file an application and an affidavit with the court, providing specific facts and details about the abuse or threats they have experienced. This includes describing the abusive acts, including dates and circumstances, and providing any supporting evidence like police reports, medical records, photos, or witness statements.

How Long Does It Take To Get A Restraining Order In Connecticut?

A Connecticut judge can issue a temporary restraining order on the same day the Application for Civil Protection Order (JD-CV-143) and Affidavit - Civil Protection Order (JD-CV-144) Forms are reviewed. An applicant can get a Civil Protection Order within 7 days or 14 days after a temporary restraining order has been issued. 

How Long Does A Restraining Order Last In Connecticut?

According to CT Gen Stat § 46b-15(g) and § 46b-16a(c), a civil protection or restraining order can expire in one year. However, the court can extend it beyond a year if a Motion for Extension of Civil Protection Order Form is filed with the Superior Court. The applicant must file the motion at least two to three weeks before the  Civil Protection Order ends. A criminal protective order lasts for the duration of the case.

How Much Does A Restraining Order Cost in Connecticut?

There are no court-related fees for filing a civil protection order in Connecticut. The Judicial Branch will pay for the application's service fee (delivery) and any ex parte orders (orders before a hearing).

Can You Cancel A Restraining Order In Connecticut?

Yes, a person can cancel a restraining order in Connecticut. However, the court has to cancel it. Therefore, the person has to reach out to the court where the restraining order was issued. They would have to complete a cancellation form and attend a hearing where the judge will determine if the reason for the cancellation is legitimate.