An Application for Relief from Abuse is commonly referred to as a Restraining Order. The purpose is to protect the Applicant. It is filed in the closest Connecticut Family where either the Applicant or Respondent lives. It should not be confused with a Protective Order which is issued in the Criminal Court after an arrest.
Application for Relief from Abuse Lawyer – Fairfield and Stamford
Here is a summary of the Application for Relief from Abuse process:
The Respondent (Defendant) must be a spouse, romantic partner, or family member. If you need protection from someone such as neighbor, co-worker or other individual you must file a different document called a Civil Order of Protection.
You must prove to a judge that you are the victim of continuous threats of physical pain and/or stalking or threatening. An Affidavit for Relief from Abuse must be attached to the Application. The Affidavit must be specific enough to show that you need protection. More detail is better than less. However, do not exaggerate or make allegations that you cannot prove in court otherwise you will lose credibility with the judge.
If you share a child with the Respondent, you can request orders concerning custody and visitation.
A judge can grant the Restraining Order the day you file if the allegations are serious enough. Therefore, the Affidavit must be strong enough to show that you need immediate protection. This is called Ex Parte Relief. It gives you a Temporary Restraining Order until the court hearing.
Whether or not there is Ex Parte Relief, a court hearing must be scheduled within fourteen days. The Respondent must be served with the documents by a State Marshal for the judge to hear the case.
Usually, the judge orders Family Relations to meet with the Applicant and Respondent separately to see if the case can be resolved. If not, then both parties will appear before a judge for a hearing. Each party is allowed to testify, bring other witnesses and offer evidence to support their position. If a hearing is likely, an attorney should be consulted.
Contact me by email or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about an Application for Relief from Abuse.