Order Of Protection

Protective orders are available to those who are subjected to domestic violence. Domestic violence occurs when you are subject to violence by a family or household member. In the context of obtaining court protection through a restraining order, domestic violence constitutes a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening by another person. Threatening includes, among other acts, a physical threat to intentionally place or attempt to place you in immediate physical danger.

Am I Eligible For A Restraining Order?

You may be eligible for a restraining order if there has been domestic violence by a family or household member that involves a spouse or former spouse, someone you live with, someone you have a child with, your parent, your child, or someone you are dating. If you have been subjected to domestic violence as defined by Connecticut, you should apply for a restraining order in the Superior Court. You should go to the court or obtain the application forms online. Next you should review them and take your time in completing the application and the affidavit, which is your sworn statement detailing the abuse, so that the judge reviewing your application has a full understanding of your situation.

You can obtain help in completing the application and affidavit from an experienced domestic violence attorney or a domestic abuse counselor. It is important that you provide detailed facts showing that you have been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening behavior by the person accused.

What Can An Order Of Protection Do?

The Court can order that the accused not threaten, harass, assault or molest you. The court can also direct the abuser to stay away from you or not to contact you. If the accused violates the order, he or she can be imprisoned. If the applicant and the alleged abuser are spouses or have a child in common and live together, the order can also make necessary provisions to protect and maintain the safety and basic needs of the applicant and the child.

That relief may include financial support, the use of property such as a vehicle and possession of a residence, among other things. The court can also prohibit the cancellation of health and automobile insurance and make temporary provisions for custody and visitation of dependent children. Consultation with an experienced protective order attorney is important for assessing eligibility, drafting a complete affidavit and submitting an application that will be successful. The attorney can aid you in seeking remedies to protect you and offer you security.

Judith Goldberg, Attorney & Mediator.   Connect With Judith