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Temporary Restraining Order Filing Process

Temporary Restraining Order Filing Process

The state of Connecticut allows people to file for temporary restraining orders against abusive spouses, immediate family members, and other people within a civil union with you, such as roommates. Sometimes called a TRO or an order of protection, a temporary restraining order will typically last two weeks and keeps the named abuser away from the filer, the filer’s home and workplace, and can also possibly limit their ability to carry a firearm in public, even with a license to do so. A courtroom hearing will be scheduled on the last day of the TRO, during which a judge will decide to either disband the order or extend it, possibly even permanently so.

If you need to file for a temporary restraining order in Connecticut, make certain you understand the process completely. Making a mistake on the applicant form or taking too long to file could jeopardize your chances of receiving a TRO. When in doubt, you should always contact a family law attorney for assistance.

Here is a basic rundown of the application process:

  1. Collect an Application for Relief From Abuse form (JD-FM-137) and the corresponding Affidavit (JD-FM-138) from your local clerk. If you aren’t sure where to go, talk to your lawyer.
  2. Fill out the form to completion and based on your unique needs. If you have children that you also need protected, you will need an Affidavit Concerning Children form (JD-FM-164). If you want a specific restraining order created, form SMC-2 will be necessary.
  3. Deliver the forms to the clerk and sign them when the clerk is present. You might be briefly interviewed by a judge at this point to explain upfront why you need a TRO. There should also not be any fees for a protective order.
  4. Upon approval of your request, a hearing date will be set within 14 days of your filing and the local law enforcement agency will get a copy of the order within 2 days, usually sooner. Take this time to find someone to deliver the notice of the TRO and the administrative hearing to the person named as your abuser, or the respondent. You can request that a sheriff’s marshal complete this task, or many family law attorneys are willing to do it for their clients.
  5. Prepare for your court hearing by collecting your thoughts and evidence of abuse. The more convincing your argument, the greater the chance that the judge will extend the restraining order. If you are not comfortable with testifying in front of your abuser, you can ask ahead of time to give a testimony in a separate location, which will be recorded on video and shown at the hearing.

If at any point you need help filing for a restraining order in Connecticut, you are encouraged to contact Goldblatt, Marquette & Rashba, P.C. When you work with our Hamden family law attorneys, you will find that we are truly compassionate about helping and protecting our clients from undue harm through proper litigation. Dial 203.687.4050 today for more information.

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