C. P. v. Riordan

Connecticut Appellate Court·Decided July 21, 2026·No. AC48829·Published

Opinion

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C. P. v. CAROL RIORDAN* (AC 48829) Clark, Westbrook and Wilson, Js.

Syllabus

The defendant appealed from the trial court’s judgment granting the plain- tiff’s application for an order of civil protection on the basis of stalking. The defendant claimed, inter alia, that the court improperly concluded that the plaintiff had met her burden of establishing that she was entitled to the order of civil protection pursuant to statute (§ 46b-16a). Held:

The trial court did not abuse its discretion in finding that the plaintiff proved the necessary elements under § 46b-16a for the issuance of an order of civil protection, as the court credited the plaintiff’s testimony that she feared for her physical safety, which established the subjective prong of the fear analysis under § 46b-16a, the content and repetitive nature of the defendant’s emails to the plaintiff, in combination with her menacing behavior while driving past the plaintiff, were sufficient for the court to conclude that a person in the plaintiff’s position would reasonably fear for her personal safety, which established the objective prong of the fear analysis under § 46b-16a, and the defendant’s recent conduct, in sending emails to the plaintiff and menacing the plaintiff, was sufficient for the court to find that the defendant would continue to stalk the plaintiff if a civil order of protection was not granted.

The trial court did not abuse its discretion when it precluded the defendant from testifying regarding her claim that the plaintiff had allegedly harassed her, as the defendant offered the evidence to prove only that she was not delusional, which was irrelevant to the court’s determination of whether the plaintiff’s application for an order of civil protection should be granted and, therefore, was inadmissible.

This court declined to review the defendant’s claim that the trial court’s issuance of the order of civil protection violated her right to free speech under the first amendment to the United States constitution and under article first, §§ 4, 5 and 14, of the Connecticut constitution, as the defendant failed to adequately brief that issue.

Argued April 16—officially released July 21, 2026

Procedural History

Application for a civil protection order, brought to the Superior Court in the judicial district of Middlesex and * In accordance with federal law; see 18 U.S.C. § 2265 (d) (3) (2024); we decline to identify any person protected or sought to be protected under a protection order, protective order, or a restraining order that was issued or applied for, or others through whom that person’s identity may be ascertained. C. P. v. Riordan

tried to the court, Baldini, J.; judgment granting the application and issuing an order of civil protection, from which the defendant appealed to this court. Affirmed. Terry Donovan, with whom was Jeremiah Donovan, for the appellant (defendant). Matthew S. Blumenthal, for the appellee (plaintiff).

Opinion

WESTBROOK, J. The defendant, Carol Riordan, appeals from the judgment of the trial court granting the application of the plaintiff, C. P., for an order of civil protection pursuant to General Statutes § 46b-16a1 on the basis of stalking. On appeal, the defendant claims that the trial court improperly (1) found that the plaintiff met her burden of establishing that she was entitled to an order of civil protection pursuant to § 46b-16a,2 (2) excluded the defendant’s testimony as irrelevant, and 1 General Statutes § 46b-16a (a) provides: “Any person who has been the victim of sexual abuse, sexual assault or stalking may make an application to the Superior Court for relief under this section, provided such person has not obtained any other court order of protection aris- ing out of such abuse, assault or stalking and does not qualify to seek relief under section 46b-15. As used in this section, ‘stalking’ means two or more wilful acts, performed in a threatening, predatory or dis- turbing manner of: Harassing, following, lying in wait for, surveilling, monitoring or sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.” 2 In her appellate brief, the defendant claims that the trial court improp- erly concluded that the plaintiff established the elements required by § 46b-16a (a) and (b). She also claims that the court improperly found that the plaintiff established that the defendant would continue to stalk the plaintiff. See General Statutes § 46b-16a (b) (“[i]f the court finds that there are reasonable grounds to believe that the respondent has committed acts constituting grounds for issuance of an order under this section and will continue to commit such acts, or acts designed to intimidate or retaliate against the applicant, the court, in its discre- tion, may make such orders as it deems appropriate for the protection of the applicant”). Although the defendant has briefed these claims separately, each, in fact, concerns an element required to be proved by § 46b-16a (a) and (b). Therefore, we will address these claims together as separate arguments in support of a singular claim as we have restated it. C. P. v. Riordan

(3) issued an order of civil protection in violation of her right to free speech under the first amendment to the United States constitution and article first, §§ 4, 5 and 14, of the Connecticut constitution. We disagree and, accordingly, affirm the judgment of the trial court. The court, Baldini, J., found the following facts in support of its decision to grant the plaintiff’s application for an order of civil protection. The plaintiff formerly served as a member of the Connecticut legislature and left office on January 8, 2025. The defendant was both her neighbor and constituent; however, the defendant has since moved. On October 6, 2023, the defendant made “[a]n unwanted visit . . . [to the plaintiff’s] home at 6 [a.m.] or so in the morning, after [the defendant] had texted her at 3 a.m.” After this visit, “[the plaintiff] asked the [defendant] not to contact her . . . . This was communicated to the . . . [defendant] via text.

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