Important Things to Know about Restraining Orders

Important Things to Know about Restraining Orders

Restraining orders are a common occurrence in Connecticut, serving to protect victims from their oppressors. Also referred to as “protective orders,” restraining orders are issued by a court to protect the general public, businesses, and people from harm.

They are most commonly issued in instances where there are allegations of sexual assault, harassment, domestic violence, assault, and stalking. If you need to file a restraining order in Connecticut due to the threat or presence of violence, there are a few things you need to know first.

Restraining Orders: The Types

A Connecticut court might use several types of restraining orders, including the following three:

• TRO, also known as a Temporary Restraining Order, is in effect until there is a hearing regarding the need for the order. Hence, this type of restraining order has an expiration date, which is usually until the court hearing. The hearing will determine whether the order will remain in effect and for how long.
• PRO, also referred to as Permanent Restraining Order, takes effect after the finalization of the court case. Usually, these restraining orders last a long time – years, sometimes even forever. Examples of permanent restraining orders include civil harassment orders, domestic violence restraining orders, workplace violence protection orders, and juvenile restraining orders.
• EPO, also known as the Emergency Protective Order, is issued by the police following their response to a domestic violence scene. This type of order normally takes effect immediately and lasts for a week at the most. While it lasts, the victim can file for a restraining order that will last longer.

Restraining orders timeframe

Restraining orders have different time frames – typically, the type of restraining order determines how long it lasts. For example, if a restraining order is issued before a court hearing, it will only last a few days or weeks. The order will remain in effect until the court has had a hearing of the case – regardless of when that happens.

At the hearing, both sides will tender their case before the court, which will then decide the order’s appropriateness or necessity. For permanent restraining orders, the restriction tends to last for years – even forever. Meanwhile, either party can request a court hearing for the modification, removal, or extension of the restraining order.

Are Restraining Orders Contestable in Connecticut?

You may contest a restraining order in Connecticut, but you must first comply with the order. Then, you can contest the order at the hearing with evidence relating to the incident preceding the order.

For instance, if you feel the information used in obtaining a restraining order is inaccurate, you must prove it at the hearing. Meanwhile, if children are involved, or the order affects access to your home, the process is more complicated.

Usually, the court has first to consider and address the factors involved before granting the order. Nevertheless, the possibility of you losing your children or home does not mean the court cannot issue the restraining order.

How Restraining Orders Are Enforced in Connecticut

The individual or people protected by the restraining order must always have it with them, with another copy kept safe. You should also leave a copy on file with your local police department. 

“If the order is violated, calling the police is the first thing to do; when they arrive, tender the restraining order,” says attorney Mark Sherman of. The court determines whether or not the order was indeed violated, although the police can still make an immediate arrest.

Conclusion

A restraining order mandates the oppressor to stay a certain distance away from the oppressed. Furthermore, the order may include no contacts, whether through phone calls, letters, email, or delivery, among other things. Consider consulting with an attorney if you have been served or want to serve a restraining order.