Filing an Ex Parte Restraining Order in Connecticut: Timelines & Emergency Relief

Seeking Emergency Relief from Abuse in Connecticut

When you are facing imminent physical harm or a severe threat of violence from a family member, intimate partner, or roommate, waiting weeks for a standard court hearing is not an option. Connecticut law provides a powerful tool for immediate protection: the ex parte restraining order. "Ex parte" is a legal term meaning the judge reviews your request and issues a temporary order without the accused person (the respondent) being notified or present in the courtroom. This process, governed by C.G.S. Sec. 46b-15, is designed to establish an immediate safety net. If you need assistance filing these crucial documents or preparing for the subsequent hearings, you can find a compassionate family law attorney in our US Lawyer Directory.

Step-by-Step Process for Ex Parte Restraining Orders

The process for securing an ex parte order involves specific paperwork and strict court deadlines. Whether you are filing at the Superior Court in Stamford, New Haven, or Hartford, the procedural requirements are uniform across the state.

Step 1: Filing the Application and Affidavit

To begin, you must go to the family clerk's office at the local Superior Court and fill out the necessary documents. The primary document is Form JD-FM-137 (Application for Relief from Abuse). More importantly, you must complete Form JD-FM-138, which is a sworn affidavit. In this affidavit, you must detail specific, recent incidents of abuse or threats. The burden of proof is on you to demonstrate a continuous threat of present physical pain or physical injury. Vague statements will not suffice; provide exact dates, descriptions of injuries, and any relevant police reports.

Step 2: What Happens at the Ex Parte Review

Once you submit your application and affidavit, a judge will review them almost immediately-often on the same day. Because the respondent is not there to defend themselves, the judge relies entirely on the strength of your sworn statements. If the judge believes there is an imminent danger to your health or safety, they will sign the ex parte order. The court clerk will then provide you with certified copies. It is then your responsibility to have a State Marshal serve the respondent with the order, making it legally enforceable.

Step 3: The 14-Day Hearing Requirement

An ex parte order is only a temporary emergency measure. By law, the court must schedule a full evidentiary hearing within 14 days of issuing the order. At this hearing, both you and the respondent will have the opportunity to present evidence, call witnesses, and argue your sides. The judge will then decide whether to extend the restraining order for up to one year. If you fail to appear at this 14-day hearing, the temporary ex parte order will automatically expire.

Step 4: Temporary Exclusive Possession of the Home

One of the most critical aspects of an ex parte order in Connecticut is that a judge can grant you temporary exclusive possession of your shared residence. This means the court can legally force the abuser to move out immediately, even if their name is on the lease or the mortgage. You can also request that local law enforcement, such as the Connecticut State Police Hartford or your local municipal department, accompany the respondent while they gather basic personal belongings to ensure the transition is peaceful.

How Much Does it Cost in Connecticut?

Connecticut prioritizes the safety of abuse victims by removing financial barriers to emergency relief. Here are the expected costs:

• Court Filing Fees: There is absolutely no fee ($0) to file an application for a restraining order in Connecticut.
• State Marshal Service: The court generally covers the cost of having a State Marshal serve the paperwork on the respondent.
• Attorney Fees: While not required, hiring a private lawyer for the complex 14-day hearing usually costs between $2,500 and $5,000.

How Long Does the Process Take?

The initial filing and ex parte review process is designed for rapid response. If you arrive at the courthouse early in the morning, a judge will typically review your application and issue a decision the same day. Once the order is signed, the State Marshal usually serves the respondent within 24 to 48 hours. The mandatory full hearing is then strictly scheduled to occur within 14 days of the ex parte issuance.

Frequently Asked Questions (FAQ)