How to Continue a Restraining Order
in New Haven County

August 2007

Sample Motion
Blank Form
For More Information
Domestic Violence Shelters

Introduction

The information in this booklet is specifically for people whose restraining order was entered by the Superior Court at 235 Church Street in New Haven.

1. If you would like to continue your restraining order, at least one month before the restraining order is due to run out, you must write a motion asking the court to extend the order and briefly explaining why you feel there is a need for the order to be continued. We have attached a sample to review. In the middle of this packet you will find the motion you must fill out and file in court. The motion asks that the order be extended "until further order of the court." If the judge grants this request, then the order can remain in effect indefinitely. You can complete the motion including the certification except for the date. The certification shows that the defendant (also called the "respondent") was notified.

2. You should make three copies of your motion.

3. You must mail one copy of the motion to the defendant by first class mail to his last known address. Just before mailing the motion, fill in the date you are mailing it on the original and all copies. (If he had an attorney for the restraining order hearing, you should make one extra copy, mail a copy to the attorney, and note that on the certification.)

4. You should promptly take the original and one copy of the motion to the Clerk's Office at 235 Church Street, New Haven, 2nd Floor. The clerk will file the original. If you give the clerk a stamped, self-addressed envelope along with a copy of the motion, then the clerk will file-stamp the copy and mail it back to you. The file stamped "copy" is proof that you filed the motion and on what date you filed it.

5. Your case will be scheduled to be heard on a particular date. You will receive a calendar from the Clerk's Office telling you the date to be in court. The number in parentheses after your name on the envelope tells you the position number of your case. The position numbers are located underneath the case names on the calendar in parentheses. The first case listed, for example, will have (1) under it.

6. Read the calendar carefully.  Find your case, and note the position number which is in parentheses under the case name:

Then go back up the columns, until you find the hearing date and time for your case. Read the instructions on the front page of the calendar to find out how you have to call the court to mark the case "ready." Follow these instructions. You must mark the case "ready" with the clerk AND notify the other side in order for the court to hear your motion on the scheduled date. 
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7. On the date of the court hearing, get to the courthouse at 235 Church Street, New Haven at least 15 minutes before the time shown on the calendar. (Please do not be late - or you may risk missing your case.) Bring with you the court calendar and your copy of the motion.

Look at the wall to the right of the stairs in the lobby, for the "Family Short Calendar" assignments. Find your case number on the assignment list, and go to the courtroom to which your case is assigned. If there is no "Family Short Calendar" list posted, go to Courtroom 3E on the third floor.

When the judge calls your last name or your case number, say "Ready."

After the judge calls all the cases, he or she will later call your case again. At that time, you should go forward, and the judge will ask whether the defendant is present. If the defendant is present, then the judge may suggest that all persons involved go to talk with the court Family Relations Officer (FRO), to see if an agreement can be reached. If you are asked to do this, you must report back to the judge, whether or not you have reached an agreement.

Whenever the judge is ready to take your case, the judge will read your motion and ask you a couple of questions as to why you need the restraining order continued beyond 180 days, and for how long you want it continued.

You must tell the judge why you still feel in danger (for example, he has been making threats, he is about to get out of jail). If the defendant has violated the order in any way since the date of your last hearing, it is very important that you tell this to the judge.

You may want to ask the judge to have the restraining order continued for another 180 days, or a year, or "until further order of the Court" (indefinitely).

If any changes need to be made in the restraining order, such as your address has changed or there needs to be different visitation orders, tell the judge. Once the judge makes an order concerning your request to continue the restraining order, you may then leave the courthouse.

8. A few days later, you should receive a certified copy of the new order in the mail. If you don't receive it, go back to the Clerk's Office and ask for a certified copy of the judge's order continuing the restraining order.

In the future, if the defendant violates the order, you can show the certified copy of the order to the police and they will know that the restraining order is still in effect.

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Sample and Blank Forms:

SAMPLE MOTION

Docket # _(copy from earlier order)_______     : SUPERIOR COURT

Name __(your name)__________________      : J.D. of NEW HAVEN

v.                                                                                  : At NEW HAVEN

Name ___(abuser's name)________________ : Today’s Date _______________

MOTION TO CONTINUE 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. (Explain here any violations of the order by the defendant).

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.)   _____  until further order of the court.

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

____________________(Your Signature)

(end of sample form)

Click here for Blank form:  Motion to Continue Restraining Order

For more information call Statewide Legal Services for free advice and information:

This pamphlet 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 pamphlet is based on the laws in CT as of August 2007. 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: August 2007

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