August 2007
Before
your first order runs out...
At the hearing...
After the hearing...
Sample and blank forms
For more information
1. If you would like to extend (continue) your restraining order, at least one month before the restraining order is due to run out, you must ask the court to extend it. See "Sample and Blank Forms" for a sample of the motion you must file with the court to extend the order. Use the sample to help you fill out the original Motion to Extend a Restraining Order form that is included here. Leave the "Order" section and the dates in the "Certification" section blank for now.
2. When you complete the form, you will need to mail one copy to the defendant (use the address that is current to the best of your knowledge) and one to his attorney, if he has one. The Certification section on the second page of the form tells the court to whom and when you mailed copies of the motion. When you are ready to mail the form, fill in the dates and the Certification section. Make two copies (make three copies if the defendant has an attorney).
3. Mail copies by first class mail to the party or parties you have noted on the certification. Keep the original and one copy.
4. Promptly take the original and the remaining copy to the Clerk's Office at the courthouse where you got your original restraining order. The clerk will file the original and give a stamped copy back to you to keep.
5. You will get a court calendar in the mail from the Clerk's Office telling you the date you need to be in court. Follow the directions in the top left hand corner of the calendar to "mark the case ready".
6. On the date of the court hearing, go to the courthouse where you filed your motion at least 20 minutes before the time shown on the calendar. Bring your copy of the motion and the court calendar with you. Go to the courtroom where your case will be heard. If you do not know where to go, ask someone in the Clerk's Office. It is important to be on time--if you are late the court may not let you present your case.
The judge will call a list of cases. When the judge calls your last name, say "ready." Then wait until the judge finishes calling the other cases. The judge will call your name again later.
When the judge calls you the second time, step up before him/her. The judge will ask if the defendant is present. Some judges may require that all persons involved talk to the court Family Relations Officer (FRO) to see if an agreement can be reached. If you are asked to do this, you must later go back to report the results to the judge--whether or not you have reached an agreement.
If you have not reached an agreement, the judge will read your motion and ask you a couple of questions about why you think you need the restraining order continued and for how long you want it continued. At this time, tell the judge why you believe you are still in danger; for example, that the defendant is still making threats or he is about to get out of jail. Be sure to tell the judge if the defendant has violated the current order in any way.
You may want to ask the judge to have the order continued for another 6 months, or "until further order of the Court" (indefinitely).
If you need to make any changes to the order, such as if you have moved or visitation orders need to be reworked, tell the judge.
7. If the judge granted your motion to continue the restraining order, go to the clerk's office to find out when you can get a certified copy of the order. If the defendant violates the restraining order, you will need the certified copy to show the police that the order is still in effect.
SAMPLE MOTION
Docket # _(copy from earlier order)_______ : SUPERIOR COURT
Name __(your name)__________________ : J.D. of (see earlier order)
v. : At: (town/city)
Name ___(abuser's name)________________ : Today’s Date _______________
MOTION TO EXTEND RESTRAINING ORDER
1. I obtained an ex parte restraining order on ___(date)________________, against the defendant ordering the defendant to refrain from imposing any restraint, assaulting, molesting, sexually assaulting or attacking me and entering my current dwelling.
The Court also ordered __(fill in whatever else may have applied to your case--for example, "temporary custody of my children to me," you can copy this part from an earlier order)_________
2. The order was continued after a hearing on ____ (date of original hearing)___ for 180 days until ____(date)___.
3. I feel that I have a continuing need for the Court’s protection.
WHEREFORE, I request that the restraining order be continued as granted except ____(fill in anything that needs to be corrected or added here; for example, your new address if you have moved.)_________________________
THE PLAINTIFF
BY:_________(Your signature)_____________
PRO SE
__________________________________
NAME
__________________________________
ADDRESS
BACK of SAMPLE (continued)
ORDER
The foregoing motion having been duly heard by this Court, and it appearing that the same ought to be granted, it is hereby ordered:
(The court fills out this section. Go to "Certification" below.)
BY THE COURT
___________________________
JUDGE
CERTIFICATION
This is to certify that on ____(date/year)_____________, a copy of the foregoing was mailed, by first class mail to ________(defendant's name)_______ at ___(last known address)_________________________________ and his/her attorney _____(attorney's name)_____________________________________.
___________________________(Your Signature)
(end of sample form)
Statewide Legal Services: (860) 344-0380 (Central Connecticut and Middletown area) 1-800-453-3320 (All other regions)
This document was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.
The information in this document is based on the laws in CT as of June 2006. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.
Copyright: June 2006