§ 46b-16a — Issuance of civil protection order on behalf of person who has been victim of sexual abuse, sexual assault or stalking. Application. Hearing. Court orders. Duration. Notice. Other remedies.

Connecticut § 46b-16a

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815a: Orders of Protection and Relief

Text

(a) 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 arising 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 disturbing 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. (b) The application shall be accompanied by an affidavit made by the applicant under oath that includes a statement of the specific facts that form the basis for relief. If the applicant attests that disclosure of the applicant's location information would jeopardize the health, safety or liberty of the applicant or the applicant's children, the applicant may request, on a form prescribed by the Chief Court Administrator, that his or her location information not be disclosed. Upon receipt of the application, if the allegations set forth in the affidavit meet the requirements of subsection (a) of this section, the court shall schedule a hearing not later than fourteen days from the date of the application. If a postponement of a hearing on the application is requested by either party, no ex parte order shall be continued except upon agreement of the parties or by order of the court for good cause shown. If the court is closed on the scheduled hearing date, the hearing shall be held on the next day the court is open and any ex parte order that was issued shall remain in effect until the date of such hearing. If the applicant is under eighteen years of age, a parent, guardian or responsible adult who brings the application as next friend of the applicant may not speak on the applicant's behalf at such hearing unless there is good cause shown as to why the applicant is unable to speak on his or her own behalf, except that nothing in this subsection shall preclude such parent, guardian or responsible adult from testifying as a witness at such hearing. If 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 discretion, may make such orders as it deems appropriate for the protection of the applicant. If the court finds that there are reasonable grounds to believe that an imminent danger exists to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. In making such orders, the court, in its discretion, may consider relevant court records if the records are available to the public from a clerk of the Superior Court or on the Judicial Branch's Internet web site. Such orders may include, but are not limited to, an order enjoining the respondent from: (1) Imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant; and (3) entering the dwelling of the applicant. (c) No order of the court shall exceed one year, except that an order may be extended by the court upon proper motion of the applicant, provided a copy of the motion has been served by a proper officer on the respondent, no other order of protection based on the same facts and circumstances is in place and the need for protection, consistent with subsection (a) of this section, still exists. (d) The applicant shall cause notice of the hearing pursuant to subsection (b) of this section and a copy of the application and the applicant's affidavit and of any ex parte order issued pursuant to subsection (b) of this section to be served by a proper officer on the respondent not less than five days before the hearing. The cost of such service, including mileage pursuant to section 52-261 , shall be paid for by the Judicial Branch. Upon the granting of an ex parte order, the clerk of the court shall provide two copies of the order to the applicant. No officer or person shall be entitled to a fee for service pursuant to this section if timely return of service is not received by the court, absent a court order authorizing such fee. For the purposes of this subsection, timely return includes, but is not limited to, transmitting by facsimile or other means, a copy of the return of service to the court prior to the hearing followed by the delivery of the original return to the court within a reasonable time after the hearing. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two copies of the order to the applicant and a copy to the respondent. Every order of the court made in accordance with this section after notice and hearing shall be accompanied by a notification that is consistent with the full faith and credit provisions set forth in 18 USC 2265(a), as amended from time to time. Immediately after making service on the respondent, the proper officer shall (1) send or cause to be sent, by facsimile or other means, a copy of the application, or the information contained in such application, stating the date and time the respondent was served, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, and (2) as soon as possible, but not later than two hours after the time that service is executed, input into the Judicial Branch's Internet-based service tracking system the date, time and method of service. If, prior to the date of the scheduled hearing, service has not been executed, the proper officer shall input into such service tracking system that service was unsuccessful. The clerk of the court shall send, by facsimile or other means, a copy of any ex parte order and of any order after notice and hearing, or the information contained in any such order, to the law enforcement agency or agencies for the town in which the applicant resides, the town in which the applicant is employed and the town in which the respondent resides, not later than forty-eight hours after the issuance of such order, and immediately to the Commissioner of Emergency Services and Public Protection. If the applicant is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55 , the clerk of the court shall, upon the request of the applicant, send, by facsimile or other means, a copy of such ex parte order or of any order after notice and hearing, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the applicant is enrolled and the special police force established pursuant to section 10a-142 , if any, at the institution of higher education at which the applicant is enrolled, if the applicant provides the clerk with the name and address of such school or institution of higher education. (e) If the court issues an ex parte order pursuant to subsection (b) of this section and service has not been made on the respondent in conformance with subsection (d) of this section, upon request of the applicant, the court shall, based on the information contained in the original application, extend any ex parte order for an additional period not to exceed fourteen days from the originally scheduled hearing date. The clerk of the court shall prepare a new order of hearing and notice containing the new hearing date, which shall be served upon the respondent in accordance with the provisions of subsection (d) of this section. (f) An action under this section shall not preclude the applicant from subsequently seeking any other civil or criminal relief based on the same facts and circumstances.

Legislative History

(P.A. 14-217, S. 186; P.A. 16-34, S. 6; 16-105, S. 6; P.A. 17-99, S. 1; 17-163, S. 2; 17-237, S. 113; P.A. 21-104, S. 17; P.A. 22-26, S. 63; 22-37, S. 24.) History: P.A. 14-217 effective January 1, 2015; P.A. 16-34 amended Subsec. (d) by designating existing provisions re proper officer to send copy of application stating date and time respondent was served as Subdiv. (1), adding Subdiv. (2) re proper officer to input date, time and method of service into service tracking system and adding “, and immediately to the Commissioner of Emergency Services and Public Protection”; P.A. 16-105 amended Subsec. (b) by adding provisions re continuance of ex parte order if postponement of hearing requested and re parent, guardian or responsible adult who brings application as next friend of applicant under age 18 not to speak on applicant's behalf unless good cause shown; P.A. 17-99 amended Subsec. (a) by defining “stalking” and deleting references to Secs. 53a-181c, 53a-181d and 53a-181e, and amended Subsec. (b) by adding provision re applicant may request his or her location information not be disclosed; P.A. 17-163 amended Subsec. (d) to add provision re applicant providing name and address of school or institution of higher education to clerk, effective January 1, 2018; P.A. 17-237 amended Subsec. (d) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 21-104 added new Subsec. (e) re extension of ex parte order when service not made and redesignated existing Subsec. (e) as Subsec. (f), effective June 28, 2021; P.A. 22-26 amended Subsec. (d) to add that cost of service includes mileage pursuant to Sec. 52-261 and that no officer or person shall be entitled to a fee for service pursuant to section, absent court order authorizing fee, unless timely return of service is received by the court; P.A. 22-37 made a technical change in Subsec. (b). To establish the element of fear, which is necessary for issuance of a civil protection order, the plaintiff must establish that she subjectively feared for her personal safety and such fear was reasonable. 341 C. 483. Use of the term “and” is disjunctive, otherwise reference to Sec. 53a-181d would be superfluous, thus an applicant for a civil protection order on the basis of stalking is required to prove only that there are reasonable grounds to believe that defendant stalked and will continue to stalk, as described in Secs. 53a-181c, 53a-181d or 53a-181e. 163 CA 493. In order to obtain an extension of a civil protection order, Subsecs. (a) and (c) provide that a victim of sexual assault present evidence that the need for protection still exists. 176 CA 730. Section does not require prior threats or instances of physical violence for party to reasonably fear for party's physical safety. 201 CA 734.