5/14/11

How to File a Restraining Order in Connecticut

A restraining order is used to protect the individual filing it from someone who is posing a threat. Restraining orders differ from protective orders; protective orders are only issued if an arrest has been made. Filing a restraining order in Connecticut can be done in five steps. Depending on the circumstances and the degree of the threat posed, a restraining order may go into effect immediately or begin to take effect after a 14-day hearing.
    • 1

      Obtain a relief from abuse form. This form can be downloaded online or acquired by visiting your nearest superior court. This form asks for specific information relating to the reasons you're seeking a restraining order and whether the person you're serving it upon is a threat to your children or pets. It also asks whether the person posing a threat owns firearms.

    • 2

      Fill out the affidavit for relief from abuse. An affidavit is simply a form attesting to the truth of the reasons asserted for the restraining order. An affidavit must be made under oath, meaning it must be made in the presence of a notary. Notaries are typically on hand at superior courts. If you need help filling out the forms, the court clerk at your local superior court can help you.

    • 3

      Give the forms to the court clerk. Once you've given the forms to the clerk, the clerk will give them to a judge. Depending on the seriousness of the threat, a judge may put a restraining order into effect immediately or it may go into effect after a hearing. If your case goes for a hearing, the hearing will occur 14 days after you've filed your forms. When your restraining order takes effect, the court clerk will give you a certified copy, which you must keep on your person at all times.

    • 4

      Have a state marshal serve your restraining order. The court clerk at your local superior court will give you a list of marshals to pick from; call the marshal you've chosen. The marshal will serve the person you have a restraining order against within five days of filing if it's determined that the order must take immediate effect. This puts the person posing a threat on notice.

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      Prepare yourself for the court hearing. Fourteen days from the date of filing your forms, you will have to go to a hearing if you want your restraining order to continue. If you don't show up at the 14-day hearing, your restraining order will immediately end. At the hearing, make it clear to the judge that you consider your abuser a threat. What you tell the judge will determine whether your restraining order is extended to 180 days.

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