Restraining Orders in Connecticut

In today’s society, people often need protection from a violent spouse or partner. These people often look for what is commonly referred to as a restraining order. However, in Connecticut law this type of order is referred to as “Relief from Abuse”.

Connecticut General Statutes Section 46b-15 authorizes a Court to “make such orders as it deems appropriate” based on the facts alleged in the application. In calendar year 2025, Connecticut Courts issued 7039 restraining orders.

What to Do If You Have an Emergency Need for a Relief from Abuse

Normally, clients present with an emergency need for an order. They do not want to return to the family home while the person who has perpetrated the family violence against them is still there. In such times, the Court has a procedure that allows the applicant to go to the Courthouse and file an application for a restraining order on an ex parte basis. “Ex parte” means that the order is entered without a hearing. The application process requires you to provide an affidavit including facts that give the Court the necessary facts to issue an ex parte order. The order could include making a spouse or domestic partner move out of the family home, stay one hundred yards away from the applicant or not contact the applicant. If granted, the ex parte order could last for up to fourteen days. The time period is seven days if the respondent owns a gun or a permit to own guns or ammunition.

Why Does the Ex Parte Order Only Last Fourteen Days?

The ex parte order will last for fourteen days, and a hearing is scheduled within fourteen days to determine if the restraining order should be allowed for a longer period of time. An ex parte order can only be entered for fourteen days, since our system of justice requires that the other party have an opportunity to dispute the claims of abuse. A relief from abuse order that orders a person to leave their home is depriving that person of a right to his property. A relief from abuse order that limits where a person can go or who they can contact limits their personal freedom. Under the U.S. Constitution, such rights cannot be limited without due process, which means a right to a hearing. By giving a fourteen day order prior to the hearing, the legislature is trying to strike a balance between protecting the applicant’s safety and the due process rights of the other party.

What Happens at the Hearing?

At the hearing, the applicant will have an obligation to produce evidence to show why the restraining order should be continued. The applicant will have to show that they have been a victim of family violence as defined in the definitions set out in 46b-1. This definition is extensive and too lengthy for an exhaustive listing here. However, it does include being under the continuous threat of violence, stalking, and coercive control. Coercive control includes controlling your contacts with family members or friends, controlling your movements, controlling your finances, threats to animal that are meant to control the applicant or forced sex acts.

The evidence presented often includes only the testimony of the applicant. Very often the facts of the case are events that occurred behind closed doors, and only the applicant and respondent were there to witness the events. However, you must be able to state facts that give the Court information to satisfy the statutory requirements for a relief from abuse.

What If the Respondent Owns Guns?

If the respondent owns a gun or guns, then the ex parte order, or order after hearing will require the respondent to turn over his or her guns to the police. These guns will remain with the police until the restraining order expires.

What About Our Children?

The Court can order that the restraining order apply to any children that the applicant and the respondent have in common. This requires a showing that the children have a similar reason to fear domestic violence as defined above. Alternatively, the Court can make orders in the restraining order for parenting time by the respondent parent, and orders concerning how the parenting time will be arranged and take place.

What If the Respondent is not a Family Member or Domestic Partner?

In addition, Connecticut General Statutes Section 46b-16, provides for restraining orders for any individual who has been a victim of sexual abuse, sexual assault or stalking without the requirement that the applicant have been a victim of domestic violence as required in 46b-15.

Are There Any Opportunities to Come to Get a Relief from Abuse Without a Hearing?

Prior to the hearing on the restraining order, the Court will require the parties to meet with the Family Services division at the Courthouse. The social workers in this division will try to get the parties to come to some kind of agreement on the restraining order. Sometimes, a more limited restraining order can be acceptable to both parties. However, this portion of the process is a negotiation. You need a strong negotiator in your corner to assist you with this negotiation. Attorney Kevin L. Hoffkins has obtained relief from abuse orders through family services negotiations as well as after contested hearings. Contact the Law Office of Kevin L. Hoffkins to tap into his experience in negotiating relief from abuse applications and conducting such hearings.