October 2007
What can I do if I am being
abused?
How do I get a restraining order?
How much does it cost to get a restraining order?
Domestic Violence Shelters
For more information
You have a right not to be abused. If a member of your family or household, a former household member, the parent of your child, or someone you date or have dated recently, is injuring you or threatening to hurt you physically, you can get a court order (called a "restraining order") which tells the abuser to stop.
For confidential help and information, call a domestic violence program or legal services. See below for a listing of programs.
What is a restraining order?
A restraining order is an order made by a court to protect an adult from physical pain or injury, or from being threatened with pain or injury. It can be issued against family members or a household member (anyone you live with or used to live with), or against someone you date or have dated recently. You do not have to be married to the abuser to get a restraining order. However, you must know where the abuser lives or works so that the marshal can give him or her the papers.
What can a restraining order do?
A restraining order tells the abuser (called the "respondent") to stop hitting, threatening, or harming you in any way. It can also order the abuser to stay away from you, to move out of your home immediately, or to stop coming to your home. You can also get a temporary order of custody. The restraining order also requires the abuser to surrender pistols and revolvers.
If I am in danger today, how will a restraining order help me?
If you fill out the part of the restraining order that says you are in immediate physical danger, the court may order the restraining order to start right away (this is called Request for Ex-Parte Relief). The judge will look at your application for an immediate order. If the judge is satisfied that grounds exist, s/he will grant the ex-parte order and order a hearing within 14 days. This means that the restraining order is in effect the date it is signed. If the abuser disobeys the order after a marshal has given him/her a copy of it, s/he can be arrested.
How long does the restraining order last?
The ex-parte restraining order signed by the judge only lasts for 14 days. The papers will have a date to come back to court for a hearing to get the order continued. The order runs out if you do not go to the hearing. If you go to the hearing, the order can be extended for 180 days. If you need the order longer than 180 days, you must file a "motion to continue" before the 180 days ends. (See Legal Aid's pamphlet, How to Continue a Restraining Order in New Haven County).
Is there a cost to getting a restraining order?
There is no cost to file your application for a restraining order. And, the state pays for a marshal to serve (give the papers) to your partner in all cases
How do I get a restraining order?
1. Get the forms from the Clerk's Office (2nd floor) or the court service center (1st floor) at Superior Court, 235 Church St., New Haven. Or, you can get them on the web at www.jud.ct.gov.
2. Fill out the forms. There are offices on the 6th floor staffed by Yale and Quinnipiac Law students who can help you fill out your forms.
3. Write out a statement telling the dates and details of the most recent times you have been hurt or threatened by the abuser.
4. Give the original papers to the Clerk at the Clerk's Office. The Clerk will tell you how to bring the papers to the judge.
5. After reading the papers and perhaps asking you some questions, the judge will decide whether you should get the restraining order. (If the judge doesn't sign the order, see the information at the end of this pamphlet.)
6. If the judge signs the order, you must take the papers back to the second floor Clerk's Office. The Clerk will put on the papers a date for some time within 14 days when you must come back to court. The restraining order will automatically be dismissed if you do not return to court on the hearing date.
7. The Clerk will then give you the original order plus 2 certified copies of the restraining order. The court should also send copies to the police departments in the towns where you live, where you work, and where the other person lives. Make sure you keep one certified copy in a safe place, and the other certified copy with you at all times.
You Must Get the Papers to a Marshal As Soon As Possible.
8. You can get a list of marshals at the courthouse. Go to the marshal's office or court service center on the first floor or the Clerk's Office on the second floor. Select a marshal in the town where the abuser lives or works.
9. Call the marshal and arrange to give him or her the original and one copy of the restraining order. Give the marshal a description of the abuser and details of when and where the marshal is most likely to find the abuser. A photo of the abuser is helpful. Ask the marshal if s/he is going to bring the papers back to you or to the court after s/he has given a copy of the papers to the abuser.
10. Be sure to give the marshal a phone number where you can be reached. The marshal may need more information to find the abuser. The marshal may also want to call you to let you know when the abuser has been served.
The marshal must give the papers to the abuser at least 5 days before the court date.
11. If the marshal has given you back the papers with a statement saying s/he has given a copy to the abuser (called a Return of Service), make sure you bring them to court with you on the court date.
What happens if the marshal cannot find the abuser to give him/her a copy of the restraining order?
The marshal must find the abuser and give him/her a copy of the restraining order at least five days before the court date you were given by the Clerk. If the marshal cannot find the abuser by then, your restraining order will end on the court date. If your order runs out because the marshal could not find the abuser, you must fill out new forms and start over again.
What happens on the hearing date?
1. Get to court at least 15 minutes before the time of the hearing and go to Courtroom 3E.
2. Tell the Clerk in the Courtroom (sitting to the right of the judge) that you are there for the 14 day restraining order hearing. Ask the Clerk to check your papers and the court file.
3. Take a seat behind the railing and wait until you hear the judge call your last name. When you hear it, immediately stand up and say, "I am here, your Honor." Sit down and the judge will call your name a second time when s/he is ready to hear the case.
4. If the abuser has shown up, the judge will ask each of you to meet with the Family Relations Officer (FRO). You may ask to meet with a FRO without the abuser present. After that, you will report back to the judge, and each of you will be able to tell the judge your side of the story, unless you have reached an agreement. The judge will then decide whether or not to keep the restraining order in effect for 180 more days.
Remember if you want the order past 180 days, please see Legal Aid's pamphlet, How to Continue a Restraining Order in New Haven County.
What happens if the judge does not sign the order?
Try to find out why the judge would not sign the order. It is probably one of these reasons:
1. The forms are not filled out correctly. Find out which part is wrong and correct the mistake. Give the corrected papers back to the clerk.
2. The statement you wrote describing the abuse is not specific or detailed enough. Make sure you include recent dates and a step-by-step description of each time you were hurt or threatened by the abuser. How did s/he hurt or threaten you? What injuries did you receive? Were the police called? Were your children harmed? Rewrite your statement to include these details and give the papers back to the Clerk.
3. You do not qualify for a restraining order. The judge has decided not to grant the order. This may be because the abuser is not a current or ex-boyfriend, is not a member of your family or has never lived with you, or it may be because the judge does not think you are in immediate physical danger from your abuser.
(860) 344-0380 (Central CT & Middletown) or 1-800-453-3320 (All other regions)
Domestic Violence Shelters: (listed alphabetically by town)
New Haven:
Domestic Violence Serv.of Greater New Haven
Hotline (203) 789-8104 Office (203) 865-1957
Ansonia:
The Umbrella
Hotline (203) 736-9944 Office (203) 736-2601
Bridgeport:
The Center for Women & Families of Eastern Fairfield County, Inc.
Hotline (203)384-9559 Office (203) 334-6154
Danbury:
Women’s Center of Greater Danbury
Hotline (203) 731-5206 Office (203) 731-5200
Enfield
Network Against Domestic Abuse
Hotline (860) 763-4542 Office (860) 763-7430
Greenwich:
Domestic Abuse Service (YWCA)
Hotline (203) 622-0003 Office (203) 869-6501x240
Hartford:
Hartford Interval House
Hotline (860) 527-0550 Office (860) 246-9149
Meriden:
Meriden-Wallingford Chrysalis
Hotline (203) 238-1501 Office (203) 630-1638
Middletown:
New Horizons
Hotline and Office: (860) 347-6971 x 3700
New Britain:
Prudence Crandall Center for Women
Hotline (860) 225-6357 Office (860) 225-5187
New Haven:
Domestic Violence Serv.of Greater New Haven
Hotline (203) 789-8104 Office (203) 865-1957
New London & Norwich:
Women’s Center of Southeastern CT
Hotline (860) 701-6000 Office (860) 447-0366
Norwalk:
Domestic Violence Crisis Center
Hotline (203) 852-1980 Office (203) 853-0418
Stamford:
Domestic Violence Crisis Center
Hotline (203) 357-8162 Office (203) 965-0049
Torrington:
Susan B. Anthony Project
Hotline (860) 482-7133 Office (860) 489-3798
Waterbury:
Safe Haven of Greater Waterbury
Hotline (203) 575-0036 Office (203) 575-0388
Willimantic:
Domestic Violence Program United Services
Hotline (860) 456-9476 Office (860) 456-2261 x 275
This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut 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 October 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: October 2007