In situations where your safety or the safety of your loved ones is at risk, knowing how to obtain a temporary restraining order (TRO) can be crucial. In Connecticut, General Statutes 46b-15 outlines the process for filing a TRO. This blog post aims to provide you with an overview of when and how to file for a temporary restraining order in Connecticut, empowering you to take the necessary legal action to protect yourself from domestic violence or harassment.

Understanding the Grounds for a TRO

Under Connecticut law, you may file for a temporary restraining order if you have reasonable grounds to believe that you or your minor child(ren) is(are) in immediate danger of physical harm, sexual assault, stalking, or harassment. It is crucial to assess your situation carefully and gather evidence, such as threatening messages, photographs, or witness statements, to support your claim.

Filing the Application

To initiate the process, you must visit the local Superior Court Clerk's office in the district where you reside or where the alleged abuse occurred. Request the necessary forms to file for a temporary restraining order. These forms typically include:

1. Application for Relief from Abuse

2. Affidavit in Support of Application for Relief from Abuse

3. Affidavit Concerning the Children

Completing the Application

Carefully complete the application form by providing accurate and detailed information about the abuse or threats you have experienced. Be specific about the incidents, dates, and locations involved. Clearly state the reasons why you believe you or your child(ren) is(are) in immediate danger and require protection.

Preparing the Affidavit

The affidavit serves as a sworn statement supporting your application. It should include a detailed account of the abuse, harassment, or threats you have experienced. Provide any relevant evidence you have collected, such as photographs, emails, or text messages. Be honest and concise in your statements, ensuring they align with the legal requirements outlined in Connecticut General Statutes 46b-15.

Filing the Application and Affidavit

Once you have completed the necessary forms, return them to the Clerk's office. They will provide you with a date and time for your hearing before a judge, usually within a few days. It is essential to keep a copy of all documents for your records.

Attending the Hearing

On the scheduled hearing date, appear in court and present your case before the judge. Be prepared to answer any questions the judge may have regarding your application or affidavit. If necessary, bring any additional evidence or witnesses to support your claims. The judge will determine whether to issue a temporary restraining order based on the information presented.

Serving the Order

If the judge grants your request for a temporary restraining order, it is crucial to obtain multiple certified copies of the order from the Clerk's office. Serve these copies to the abuser, ensuring they are aware of the order's terms and restrictions. Local law enforcement agencies can assist you in serving the order if needed. For help filing or presenting a TRO, contact Levine Litigation today to schedule a consultation.