What is a Temporary Restraining Order (“TRO”)?
1. A TRO is designed to offer protection to a person (“the Applicant”) who is suffering from abusive behavior at the hands of another person (“the Respondent”).
2. The Applicant can obtain a TRO against a Respondent for various scenarios and types of relationships.
If a court grants a TRO, then it becomes an order of the court that the Respondent cannot assault, threaten, abuse, harass, follow, interfere with, or stalk the Applicant. The court can add additional requirements which can include: the Respondent must stay away from the Applicant’s house; have no contact whatsoever (written, electronic, telephonic, and/or through a third party) with the Applicant; and/or stay 100 yards away from the Applicant.
If the Respondent violates the court order, the Applicant can file a complaint with the local police department and subject the Respondent to a potential arrest for a Violation of Civil Restraining Order, under Conn. Gen. Stat. §53a-223b. This criminal charge is a class D felony which is punishable by up to 5 years in prison.
Types of Temporary Restraining Orders
An Applicant can apply for two types of restraining orders. The first type of TRO is called a Relief from Abuse Order. An Applicant seeks this type of TRO when they have been a victim of domestic violence by the Respondent who is a “family or household member” as defined by statute.
The second type of TRO is a Civil Protection Order (“CPO”). An Applicant seeks a CPO when they have been a victim of sexual abuse, sexual assault, or stalking by the Respondent who is not a “family member or household member” as defined by statute.
These are the preliminary requirements for each type of restraining order, but there are further statutory requirements that must be established in court to obtain a TRO.
Applicable Statutory Definitions for Temporary Restraining Orders
A “family or household member” is defined by Conn. Gen. Stat. §46b-38a as: (1) spouse or former spouse; (2) parents or their children; (3) person related by blood or marriage; (4) persons residing together or who have resided together; (5) persons who have a child in common regardless of whether they have been married or lived together; (6) persons who have recently been in a dating relationship.
A “victim of domestic violence” is defined by Conn. Gen. Stat. §46b-1 as someone who is subjected to the following by a “family or household member”: (1) a continuous threat of present physical pain or physical; (2) stalking; (3) a pattern of threatening either by the family or household member or by a third party to intimidate the Applicant; or (4) engaging in a behavior of coercive control over the Applicant.
Conn. Gen. Stat. §46b-1 defines coercive control as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. This type of behavior includes, but is not limited to the following examples: (1) isolating the Applicant from friends, family, relatives or other sources of support; (2) depriving the Applicant of basic necessities; (3) controlling, regulating or monitoring the Applicant’s movements, communications, daily behavior, finances, economic resources or access to services; (4) compelling the Applicant by force, threat or intimidation, threats bases on actual or suspected immigration status; (5) committing or threatening to commit cruelty to animals that intimidates the Applicant; or, (6) forced sex acts, or threats of a sexual nature, including but not limited to, threatened acts of sexual conduct, threats based on a person’s sexuality or threats to release sexual images.
Legal Requirements to Obtain a Relief from Abuse Order
To obtain a Relief from Abuse Order, an Applicant must prove to the court by a preponderance of evidence that: (1) the Respondent is a “family or household member” as defined by Conn. Gen. Stat. §46b-38a and that; (2) the Applicant is a “victim of domestic violence” as defined by Conn. Gen. Stat. §46b-1.
A preponderance of evidence means it is more likely than not that an event occurred.
Conn. Gen. Stat. §46b-1 outlines the various ways that an Applicant may demonstrate to the court that an Applicant is a “victim of domestic violence.” An Applicant does not need to show that they have suffered from all the statutory forms of domestic violence to be eligible for a restraining order. One proven form of domestic violence will suffice.
Legal Requirements to Obtain a Civil Protection Order
To obtain a CPO, an Applicant must demonstrate to the court that: (1) the Respondent is not a “family or household member” as defined by Conn. Gen. Stat. §46b-38a and therefore the Applicant cannot receive relief from a Relief from Abuse Order and (2) that the Applicant is a victim of sexual assault, sexual abuse, or stalking.
For the purposes of a CPO, “stalking” is defined under Conn. Gen. Stat. §46b-16a as “two or more willful acts, performed in a threatening, predatory, or disturbing manner of: harassing, following, lying in wait for, surveilling, monitoring, or sending unwanted gifts or messages to another person directly, or indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear of his or her physical safety.”
If an Applicant is seeking a CPO alleging that the Respondent is stalking them, it is critical that the Applicant establish at least two recent examples of incidents that fall within the statutory definition of stalking. Examples of stalking may include: sending repeated unwanted and/or threatening text messages or voicemails; nonconsensual recording and/or filming the Applicant; following the Applicant; or appearing in places repeatedly that the Applicant is, through monitoring of the Applicant by the stalking party. The inability to prove two recent incidents will result in the court denying the application.
An alternative procedure exists if an Applicant cannot meet the statutory requirements for a CPO but does have at least one recent instance of stalking. Counsel can prepare a letter which is then served by a State Marshal in hand to the Respondent. The letter strongly states that the Respondent’s previous behavior is unwanted, and it must cease. If the Respondent continues to engage in this type of unwanted behavior, despite counsel’s warning, then an Applicant will have a second instance of stalking, which can then be demonstrated to the court to obtain a CPO.
Process for Filing a TRO
An application must be filed with the Civil Clerk’s Office of the Superior Court. Counsel can assist an Applicant in determining which type of restraining order best applies to their situation and in the preparation of this application.
The following information must be provided to the Court: the Applicant’s name, address, and date of birth; the Respondent’s name, address, date of birth, and telephone number, if known; the Applicant’s relationship to the Respondent; and what type of restraining order the Applicant is seeking.
Lastly, the Applicant will need to prepare a written affidavit that explains in detail each incident, the date and location of where it happened, and the parties present. The affidavit is a crucial document in this process. It must be both factually accurate and meet the statutory requirements.
An Applicant can request an ex-parte order to be entered by the court, if the Applicant believes that they are in imminent physical danger. Ex-parte means that the restraining order can be issued without prior notice to the Respondent and without the Respondent being provided an opportunity to refute the allegations. If granted, the ex-parte restraining order would immediately take effect to protect the Applicant’s safety before the subsequent evidentiary hearing (discussed below). At the conclusion of the evidentiary hearing the ex-parte order would either terminate or become a full restraining order.
After an application for a restraining order is filed, the application is served by a State Marshal on the Respondent. The court will schedule an evidentiary hearing within two weeks of the filing of the application.
It is beneficial to retain counsel to assist in the preparation and filing of the application for a restraining order given the substantial legal requirements that exist to obtain one.
The Court Proceeding
Once the hearing date is scheduled, it is imperative that the Applicant be represented by counsel who can assist in the preparation for the evidentiary hearing. At the hearing date the Applicant bears the burden of proof which is by a preponderance of the evidence, which means it is more likely than not that the alleged events occurred.
To meet their burden, the Applicant will need to testify in court regarding the allegations contained in the affidavit. The Applicant can also call additional witnesses to testify in support of their application for the restraining order. The Respondent, or their lawyer, will have an opportunity to cross-examine the Applicant and/or the Applicant’s witnesses and to present their own witnesses against the application.
After the conclusion of the hearing, the judge will make a determination on whether the Applicant has met their burden of proof. If the burden of proof is satisfied, then the restraining order will take effect for a period of one year.
After a year, if the Applicant still wishes for the order to remain in effect, they will need to file a motion to extend it with the court. The court will schedule another evidentiary hearing where the Applicant needs to make another showing for the necessity for the order to remain in effect for another year.
Seeking any type of restraining order is a legally complicated process. An attorney can provide valuable assistance to ensure that your rights are protected and that your case is properly presented to the court.