Restraining Orders in Stamford Court offer protection for those that have been threatened or abused and live in lower Fairfield County.
Here’s the process:
The person requesting the order of protection (the Applicant) must file an Application along with an Affidavit. The Affidavit must set forth the specific reasons as to why the Applicant needs protection. For example, history of violence, current threats and any other facts showing “immediate and present physical danger to the Applicant.” The circumstances in the Affidavit should not be exaggerated. If they are, the Applicant may lose credibility at a hearing before a judge.
Once filed, the Application and Affidavit will be presented to a judge in the Family Court.
The judge may:
- Grant the restraining order on a temporary basis pending a court hearing within 14 days;
- Schedule the matter for a hearing within 14 days but not grant the Application on a temporary basis
- Deny the Application.
If a hearing is scheduled, the Respondent must be served with all the filings and any other orders issued by a judge five days before the hearing date.
At the hearing, the Applicant must show that he or she has been “subjected to a continuous threat of present physical pain or physical injury by another family member or household member.”
A restraining order is good for one year. However, prior to the expiration of the order the Applicant may request that the order be extended.
In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders to protect children for such as changing custody or limiting visitation.