Connecticut Superior Court – Family Division

Domestic Violence Protection Order

(Civil Restraining Order – Relief From Abuse Pursuant to Conn. Gen. Stat. § 46b-15)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: This template is drafted for use by Connecticut practitioners seeking civil restraining orders (“Relief From Abuse”) under Conn. Gen. Stat. § 46b-15. It may be adapted for ex parte or post-hearing orders. Text in brackets should be customized for each matter.]

I. DOCUMENT HEADER

1. Title.
   DOMESTIC VIOLENCE PROTECTION ORDER (CIVIL RESTRAINING ORDER – RELIEF FROM ABUSE)

2. Court and Docket Information.
   Issuing Court: Connecticut Superior Court – Family Division, [JUDICIAL DISTRICT]
   Docket No.: [DOCKET_NUMBER]

3. Parties.
   a. Petitioner/Protected Party: [PETITIONER FULL LEGAL NAME], date of birth [DOB], residing at [ADDRESS].
   b. Respondent/Restrained Party: [RESPONDENT FULL LEGAL NAME], date of birth [DOB], last known address [ADDRESS].

4. Effective Date & Term.
   a. Effective Date: [MM/DD/YYYY] (“Effective Date”).
   b. Expiration: This Order shall remain in full force until [MM/DD/YYYY] unless earlier modified, extended, or dissolved by the Court pursuant to Section VIII(2).

5. Jurisdiction & Statutory Authority.
   This Order is issued under Conn. Gen. Stat. §§ 46b-15, 46b-38b, and related statutes, and is enforceable statewide and nationally through 18 U.S.C. § 922(g)(8) and the Violence Against Women Act (VAWA).

II. DEFINITIONS

For purposes of this Order, capitalized terms have the meanings set forth below and apply throughout, whether singular or plural.

“Court” – The Connecticut Superior Court, Family Division, issuing this Order.
“Firearm” – Any weapon as defined in Conn. Gen. Stat. § 29-36k.
“Minor Child” – Any child under eighteen (18) years of age identified in Schedule A.
“Order” – This Domestic Violence Protection Order, inclusive of all attachments and schedules.
“Prohibited Conduct” – Any act enumerated in Section III(1).
“Protected Address” – Each location listed in Schedule B.
“Protected Party/Parties” – Petitioner and each Minor Child or household member named in Schedule A.
“Respondent” – The individual in Section I(3)(b) against whom this Order is entered.

III. OPERATIVE PROVISIONS

1. Prohibited Conduct. Respondent SHALL NOT, directly or indirectly (including through third parties):
   a. Assault, threaten, harass, stalk, follow, or otherwise abuse any Protected Party;
   b. Contact any Protected Party by telephone, text, email, social media, or other electronic means;
   c. Enter, approach within [100] yards of, or surveil any Protected Address or place of employment, education, or childcare attended by a Protected Party;
   d. Possess or control any Firearm, ammunition, or deadly weapon;
   e. Interfere with the care, custody, or control of any Minor Child except as expressly permitted in Section III(3).

2. Exclusive Use of Residence.
   a. [ADDRESS] is awarded to Petitioner for exclusive use and occupancy.
   b. Respondent shall vacate immediately and may return only once, in the presence of law enforcement, to retrieve personal effects within [24] hours of service of this Order.

3. Temporary Custody & Parenting Time.
   a. Petitioner is granted temporary legal and physical custody of the Minor Child(ren) listed in Schedule A.
   b. Respondent’s parenting time is:
   i. [SUSPENDED / SUPERVISED at [LOCATION] under agency-approved supervision]; or
   ii. [As otherwise ordered herein].
   c. Any visitation in violation of this subsection is prohibited and subject to arrest.

4. Firearms, Ammunition, and Permit Surrender.
   a. Within twenty-four (24) hours of service of this Order, Respondent SHALL:
   i. Surrender all Firearms and ammunition to the Commissioner of Emergency Services and Public Protection or local police department, and
   ii. Surrender any State and Federal Firearm Permits, Ammunition Certificates, or Eligibility Certificates.
   b. Proof of surrender shall be filed with the Clerk within [48] hours of service.
   [// GUIDANCE: Conn. Gen. Stat. § 29-36k requires immediate surrender; modify timeframes only if court-approved.]

5. Counseling / Treatment. Respondent is ORDERED to enroll in and complete:
   a. [Family Violence Education Program] commencing within [14] days; and
   b. [Substance abuse / mental health] evaluation and treatment as recommended.

6. Law Enforcement Service & Registry Entry.
   a. A state marshal or other proper officer shall serve this Order forthwith.
   b. Upon service, this Order shall be entered into the Connecticut Protective Order Registry and the National Crime Information Center (NCIC) database.

IV. REPRESENTATIONS & WARRANTIES

1. Respondent acknowledges, upon service, that:
   a. Respondent has read, understands, and will comply with this Order;
   b. Violation constitutes a separate criminal offense under Conn. Gen. Stat. § 53a-223b; and
   c. Respondent may be arrested without warrant upon probable cause to believe a violation occurred.

2. Petitioner represents that the statements in the Verified Application are true to the best of Petitioner’s knowledge, information, and belief, subject to penalties of false statement under Conn. Gen. Stat. § 53a-157b.

3. Survival. The acknowledgments herein survive any expiration or modification of this Order with respect to conduct occurring during its term.

V. COVENANTS & RESTRICTIONS

1. Change of Address. Respondent shall provide the Court and Petitioner’s counsel with written notice of any change in residence within forty-eight (48) hours.

2. Notification of Service Barriers. Each party shall promptly inform the Court of any circumstance impeding compliance, including incarceration or hospitalization.

3. Mutual Non-Disparagement. Both parties shall refrain from disparaging or intimidating communications that could be viewed by Minor Children.

VI. DEFAULT & REMEDIES

1. Events of Default. Any breach of Section III constitutes a default and a criminal offense.

2. Enforcement Mechanisms.
   a. Immediate Arrest. Law enforcement SHALL arrest the Respondent upon probable cause of a violation.
   b. Criminal Penalties. Violation is punishable as a class D felony under Conn. Gen. Stat. § 53a-223b, carrying up to five (5) years’ imprisonment, a fine of up to $5,000, or both.
   c. Civil Contempt. The Court may impose fines, incarceration, or other sanctions for contempt.
   d. Extension or Modification. Upon violation, the Order may be extended for up to one (1) additional year, or longer for good cause.

3. Costs & Fees. The Court may award attorney’s fees and costs incurred in enforcement proceedings to the prevailing party.

VII. RISK ALLOCATION

Indemnification, liability caps, and insurance provisions are not applicable to this judicial Order. Nothing herein limits statutory or common-law rights of any Protected Party to seek civil damages arising from Respondent’s conduct.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Order shall be governed by and construed in accordance with the laws of the State of Connecticut.

2. Modification or Dissolution. Only the Connecticut Superior Court may modify, extend, or dissolve this Order upon:
   a. Written motion filed by either party; and
   b. Notice and opportunity to be heard consistent with Conn. Gen. Stat. § 46b-15.

3. Arbitration & Jury Trial. Arbitration is unavailable, and jury trial is not applicable in Family Division protective-order proceedings.

4. Preservation of Injunctive Relief. Nothing herein limits the Court’s inherent authority to issue further equitable or injunctive relief.

IX. GENERAL PROVISIONS

1. Severability. If any provision of this Order is determined invalid, the remaining provisions remain fully enforceable.

2. Integration. This Order, together with all schedules, constitutes the entire protective relief granted; all prior temporary or ex parte orders are superseded as of the Effective Date.

3. Amendment & Waiver. No provision may be waived except in a written order of the Court. The failure to enforce any provision is not a waiver of future enforcement.

4. Service of Process. Certified copies of this Order shall be provided to:
   a. Petitioner and counsel;
   b. Respondent;
   c. Designated law-enforcement agencies;
   d. Department of Children and Families, if applicable.

5. Electronic Signatures & Counterparts. Pursuant to Conn. Practice Book § 4-4, the Court may execute this Order electronically; counterparts are deemed originals.

X. EXECUTION BLOCK

SO ORDERED.

DATED at [CITY], Connecticut on [MM/DD/YYYY].

_____________________________________
Judge of the Superior Court
Name: __________________________________
Juris No.: _______________________________

Attest: __________________________________
Clerk / Assistant Clerk

Acknowledged:

Petitioner: _______________________________ Date: ___________

Respondent (upon service): ________________ Date: ___________

Schedule A – Minor Children Protected

1. Name: __________________ DOB: __________ Relationship: ________
   [Add additional lines as necessary]

Schedule B – Protected Addresses

1. ________________________________________
   [Add additional lines as necessary]

[// GUIDANCE:
1. Attach the Petitioner’s sworn affidavit and any supporting exhibits if required by local practice.
2. Use JD-FM-140 or applicable Judicial Branch forms for filing, but incorporate the substantive provisions above when proposing orders to the Court.
3. Confirm service by state marshal within statutory deadlines and file the Return of Service promptly.
4. For ex parte relief, ensure a hearing is calendared within fourteen (14) days as mandated by Conn. Gen. Stat. § 46b-15(b).]