Friday, September 19, 2014

Penalty For Violation Of Restraining Order In Ct

Violating a restraining order is a crime.


A restraining order (or relief from abuse order) is a document, signed by a judge, telling an alleged abuser to cease the abuse or face legal action. Violation of a restraining order is a crime with serious legal consequences.


Restraining Orders in Connecticut


In Connecticut, restraining orders are civil and can be issued without the accused being arrested. They are intended to be a legal means for obtaining relief from abuse, harassment or threats by family or household members. The person alleging continuous threat of physical pain or injury must file an application in the Superior Court, including an affidavit stating conditions of abuse. The alleged offender is given at least five days' notice before the hearing.


Penalty


Entering or remaining on property in violation of a restraining order constitutes criminal trespass in the first degree. In Connecticut this is a Class A misdemeanor punishable by up to a year in prison and/or a $1,000 fine. Violators of restraining orders are held in contempt of court.


Information For Victims


If an abuser violates a restraining order against you and you feel endangered, immediately call 911 and instruct the police officers that you have a restraining order that the defendant is violating. In some cases the defendant can be immediately arrested. Upon arrest, the district attorney will prosecute the abuser, as violation of a restraining order is a crime.


In less urgent scenarios, victims can also file for civil contempt for a violation of the order through the civil court system. To file for civil contempt, visit the court clerk's office and ask for the relevant forms.


Restraining Order Effective Time


Temporary (ex parte) restraining orders are in effect the day they are signed, and the alleged abuser can be arrested if he disobeys the order after having been served. Temporary restraining orders are effective until the hearing for a permanent restraining order, usually within 14 days of application. Permanent restraining orders are effective for six months unless extended by the court, typically by the applicant's request.


Restraining Orders and Domestic Violence


In Connecticut, restraining orders are intended to protect against domestic violence. This includes any act resulting in or threatening physical harm, bodily injury or assault between family or household members. Family and household members include your spouse or former spouse, the parent of your child, your parent, your child, a person with whom you have (or have recently had) a dating relationship, an adult (16 or over) related to you by blood or marriage, an adult with whom you share or have shared a household, or a live-in caretaker for someone age 60 or older.

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