Section 11: Restraining Orders and Civil Protection Orders

Definitions     

A restraining order is a civil order of protection issued by the family court to any family or household member who has been subject to a continuous threat of present physical pain or physical injury, stalking, or a pattern of threatening by another family or household member, as defined by General Statutes § 46b-38a (2).

The Applicant is the person who has applied for the restraining order and the Respondent is the subject of the restraining order who must be served.  Under General Statutes § 46b-15, if an Applicant alleges an immediate and present physical danger to himself or herself or his or her minor children, then the court may order an ex-parte restraining order, which is a temporary restraining order ordered prior to a hearing.  At the hearing, the court will determine whether to extend or deny the restraining order post hearing.  There are instances where the court does not order an ex-parte restraining order based on the allegations in the application affidavit.  In those cases, the court will schedule a hearing to decide whether or not to order a restraining order and will issue an Order and Notice of Court Hearing which must be served on the Respondent.  For all applications for a restraining order there is a hearing scheduled.    

A civil protection order is a civil order of protection issued by the civil court to an Applicant who is a victim of sexual abuse, sexual assault, or stalking, as defined by General Statutes §§ 53a-181c, 53a-181d, and 53a-181e, who has not obtained any other order of protection arising out of the abuse, assault, or stalking, and who does not qualify for a restraining order because the Respondent is not a family or household member.  See General Statutes § 46b-16a.  Such civil protection orders are ordered by the civil court and are served in the same manner as restraining orders.  Note, however, the different timing requirements for service described below.  Note that, unlike with a restraining order application, the court may deny a civil protection order without a hearing.

Timing 

Service of a restraining order must be made at least three days before the hearing date.  See General Statutes § 46b-15 (h) (1), as amended by Public Act 16-34.  Service of a civil protection order must be made at least five days before the hearing date.  See General Statutes § 46b-16a (d).  If an ex-parte restraining order has been issued, the hearing date will be set no later than fourteen days from the date of the order, unless the application indicates that the Respondent holds a permit or eligibility certificate for a firearm or ammunition or possesses a firearm or ammunition, in which case the hearing date will be set no later than seven days from the date of the ex-parte order.  See General Statutes § 46b-15, as amended by Public Act 16-34.  The expedited hearing date in these instances will mean that such orders must be served within four days of issuance.

The original papers and a return of service must be returned to the court prior to the hearing so that the court has proof that the Respondent has been served.  Preferably, the papers should be returned at least two days prior to the hearing to provide for the proper administration of the restraining order or civil protection order.  If service has been made close to the hearing date, it is strongly advisable that the state marshal email or fax a copy of his or her return to the court in addition to sending/delivering the original return to the court.  This ensures that the hearing moves forward subsequent to proper service.  Also, as noted below, if service is unsuccessful, the state marshal must input this information into the Protection Order Registry prior to the date of the hearing.  In addition, prior to the hearing date, the marshal should contact the Applicant and inform him or her regarding whether or not service was made.  If service was unsuccessful, the Applicant may file a request on or before the hearing date for an extension of time for service. In addition, as discussed below, if there has been an ex-parte restraining order issued, and service has not been made, the Applicant can request an extension of the ex-parte restraining order. 

Extension of Ex-Parte Restraining Orders:  Where proper service of an ex-parte restraining order has not been made, the court may extend the order for up to fourteen days from the original hearing date.  In those instances, the court will issue a new Order For and Notice of Court Hearing containing the new hearing date which must be served at least three days prior to the new hearing date.  See General Statutes § 46b-15 (c), as amended by Public Act 16-34. 

Manner             

With restraining orders, the Applicant will provide the state marshal with the original Application for Relief From Abuse, the Applicant’s Affidavit (and, if relevant, an Affidavit Concerning Children), the Order of Protection (if one has been ordered), and the Order and Notice of Court Hearing.  The clerk should provide the Applicant with two copies of the Order of Protection.  With civil protection orders, the Applicant will provide the state marshal with the original Application for Civil Protection Order, the Applicant’s Affidavit, the Order of Protection (if one has been ordered), and the Order For and Notice of Court Hearing.  In addition, Applicants should have received a Respondent Profile Form from the clerk which provides service information for the Respondent (i.e. address, employment, physical characteristics) as well as the Applicant’s contact information.  At the outset of their meeting, the state marshal should identify himself or herself to the Applicant and provide the Applicant with his or her name and telephone number(s), preferably on a business card.  If possible, the marshal should review the Respondent Profile Form with the Applicant and clarify service details.  It is essential that the state marshal safeguard confidential information on the Respondent Profile Form.  In addition, Applicants may obtain specific court orders protecting certain information.

It is very important for the state marshal to review the entire package of papers prior to service.  If the court has issued an ex-parte restraining order and the application indicates that the Respondent holds a permit or eligibility certificate for a firearm or ammunition or possesses a firearm or ammunition, there are special rules regarding the timing of the hearing and related service as well as an obligation that the state marshal notify law enforcement, as is detailed below.  Furthermore, if the court has not ordered an ex-parte restraining order, then the marshal will be serving only an Order for Notice of Hearing and there is no authority under which the Respondent may be removed from his or her home prior to the hearing.  If it is unclear from the face of the papers whether or not an ex-parte order has been issued, the state marshal should clarify this with the court prior to service.

In-Hand Service Preference:  Although in-hand service is not mandatory, it is the best professional practice for the marshal to make in-hand service of a restraining order or civil protection order on the Respondent.  If a restraining order application indicates that the Respondent holds a permit or eligibility certificate for a firearm or ammunition or possesses a firearm or ammunition, and the court has issued an ex-parte order, the law provides that the state marshal shall, whenever possible, provide in-hand service of the order.  See General Statutes § 46b-15 (h) (2), as amended by Public Act 16-34.

Out-of-County Service:  As is detailed below, state marshals are required to serve restraining order duty as assigned by the State Marshal Commission.  If an order is issued by the court for service on a Respondent who resides in another county, it is the responsibility of the state marshal on duty in the issuing county to promptly transfer the papers to the on-duty marshal in the service county on that date.  Due to the time sensitivity inherent with the service of restraining orders and civil protection orders, the state marshal transferring the paperwork must make prompt, direct contact with the appropriate state marshal in the service county via telephone to make arrangements to transfer the papers expediently in person, by facsimile, or by mail.  The marshal in the issuing county may not return the restraining order or civil protection order to the Applicant nor may they task the Applicant with calling the marshal in the service county.  Once the marshal in the issuing county has notified and made arrangements to transfer the papers, he or she should immediately notify the Applicant of the name and contact information for the state marshal who will be handling service.

Service of Orders Issued by Other States:  If a restraining order or civil protection order is issued by another state for service on a Respondent residing in Connecticut, then the state marshal on duty has the same obligation to serve the restraining order or civil protection order.  As with Connecticut orders, the service fee for such out-of-state orders is paid for by the Judicial Branch.  Note that reimbursement for out-of-state orders is processed by a different office than other reimbursement requests.  To receive reimbursement, a state marshal who serves an out-of-state order must send 1) a completed and signed State Marshal Invoice form, 2) the return of service, and 3) the Foreign Protection Order to the Judicial Branch at the following address:  Toby Padegenis, Court Planner, Superior Court Operations, 225 Spring Street, Second Floor, Wethersfield, CT 06109.  Note that this payment procedure is ONLY for service of out-of-state orders and NOT service of restraining orders or civil protection orders issued by a Connecticut Court.  See Fees section below for further information about seeking reimbursement for service of Connecticut orders.

Out-of-State Service of Connecticut Orders:  If a state marshal is given a Connecticut-issued restraining order or civil protection order requiring service in another state, he or she should return the order to the Applicant and inform the Applicant that he or she must directly contact the appropriate person or entity to complete service in the service state.  Often this is a county sheriff or local law enforcement.  The state marshal may direct the Applicant to contact the local member organization of the Connecticut Coalition Against Domestic Violence (CCADV), as they can assist the Applicant in determining the correct entity to contact for out-of-state service. See the CCADV Agency Listing at the end of this Section.  

General Service Guidelines:  The circumstances surrounding restraining orders and civil protection orders are necessarily volatile.  A state marshal should contact local law enforcement if a situation becomes threatening or if there is reason to suspect the Respondent will become violent during service.  Prior to service, the state marshal must review the application to identify whether the Respondent possesses a firearm or firearm permit.  As noted below, if the application indicates that the Respondent possesses a firearm or permit and an ex-parte restraining order has been issued, the marshal must notify local law enforcement and request their presence during service. 

The state marshal should make himself or herself aware of the Applicant’s location (and the location of the Applicant’s children, if applicable) during the time of service to ensure the safest service possible for all parties.  It is extremely important to identify whether or not the Respondent is still residing with the Applicant.

As noted above, the Applicant should have received a Respondent Profile Form from the clerk.  The Respondent Profile Form is an extremely useful tool for locating and identifying the Respondent to complete service.  If possible, the state marshal should review the Respondent Profile Form with the Applicant during their initial meeting.  If the Applicant has not filled out a Respondent Profile Form, the state marshal should assist the Applicant in obtaining one from the clerk and filling it out.

It is extremely important that the state marshal inform the Applicant of the status of service prior to the hearing date.  This notification informs the Applicant of whether or not the Respondent has notice of the order and also confirms that the hearing date is valid.  This notification also permits the Applicant to request an extension of time for service in the event that the service was unsuccessful.

Mandatory Restraining Order Duty  

Pursuant to General Statutes § 6-38b (f), the State Marshal Commission is responsible for the equitable assignment of service of restraining orders to the state marshals in each county.  The Commission administers a Restraining Order Rotation system for assignment of state marshals to restraining order duty shifts at each courthouse at which restraining orders are issued.  All state marshals are assigned to restraining order duty.  Each state marshal is required to attend his or her shifts.  The failure to attend mandatory restraining order duty as assigned may be the basis for disciplinary action including revocation of the state marshal’s badge.  The State Marshal Commission generally sends out the Restraining Order Rotation schedule every six months. 

Restraining Order Rotation duty assignments rotate daily or weekly, depending on the courthouse.  There are two daily shifts at each applicable courthouse from 12:30 p.m. to 1:00 p.m. and 4:30 p.m. to 5:00 p.m.  Note that if, during his or her shift, the on-duty marshal has been notified that there is a pending restraining order application under review by the court, the marshal must stay at the courthouse until the order has been issued. 

Certain courthouses are participating in a call-in pilot program administered by the Judicial Branch.  If assigned to restraining order duty in one of these courthouses, the marshal may call in to the courthouse prior to his or her shift to determine whether or not there are restraining orders requiring service necessitating that the marshal physically report for the shift.  See the Restraining Order Call-In Pilot Program Protocol sheet at the end of this Section for more information on the call-in procedure and the courthouses participating in the pilot program. This pilot program is subject to change by the Judicial Branch.

Upon arrival at the courthouse for his or her assigned shift, the state marshal should check in with the clerk’s office.  This ensures that the clerk’s office is aware of which marshal is on duty for a given shift and when the marshal is present in the courthouse.  The Chief Court Administrator is required to, where feasible, allocate space in each courthouse for the state marshal to meet with applicants to discuss service.  See General Statutes § 46b-15d.  State marshals should contact the clerk at each courthouse directly for information about the location of the allocated meeting space, if such space has been designated.

The state marshal on duty is required to accept and serve papers provided to him or her for service.  This is true even if the order was not issued on the day of his or her shift.  Note that the Applicant is not required to utilize the marshal on duty at the courthouse and may choose any state marshal in the county where the restraining or civil protection order is to be served.  Accordingly, a state marshal may be contacted and asked to serve a restraining order or civil protection order outside of his or her scheduled restraining order duty shifts.  If the marshal is unable to serve it for any reason, he or she should arrange for another state marshal to serve the order.  A marshal may not return a restraining order to an Applicant or require that the Applicant find another marshal for service.  

Also note that restraining orders are generated by the family court and civil protection orders are generated by the civil court.  Accordingly, during his or her restraining order duty shift, a state marshal may be approached by a civil protection order Applicant to serve a civil protection order that was issued by a different court.  In addition, as is described above, restraining orders and civil protection orders must be served by a marshal in the county where the Respondent resides.  Accordingly, the on-duty marshal may be contacted by a marshal in another county to arrange transfer and service of a restraining order or civil protection order on a Respondent in his or her county.  

Coverage: A state marshal is required to fulfill his or her assigned duty shifts and is fully responsible for the service of those restraining orders and civil protection orders received during his or her shift.  If a state marshal is unable to fulfill his or her assigned shifts, it is his or her responsibility to obtain coverage from another state marshal. If a marshal has obtained coverage for his or her shift by another marshal, he or she must notify both the appropriate clerk’s office in the courthouse where the marshal is assigned and the State Marshal Commission Office.  This notification should be made prior to the shift and at least 48 hours in advance of any change.  Notification to the Commission office should be in writing and sent to: marshal.commission@ct.gov.   

If a state marshal, on the day of his or her shift, discovers that he or she will not be able to attend his shift for any reason, he or she must immediately call the clerk and the Commission office.  Note that it is the marshal’s responsibility to find coverage for his or her shifts and not the clerk or the Commission office. 

Fees               

The fees for service of restraining orders or civil protection orders are calculated using the fee schedule for civil process.  See General Statutes § 52-261.  The fees for such service are paid for by the Judicial Branch after service is completed.  General Statutes § 46b-15 (h) (1).  The Applicant is not required to pay the fee for service of a restraining order or civil protection order.  To request reimbursement for the fee, the state marshal should submit a State Marshal Service Invoice For Service of Process.  See State Marshal Service Invoice F or Service of Process, Revised 2-1-2016 at the end of this section.  This invoice should be submitted to the clerk’s office, along with the original papers and the marshal’s return of service. The Judicial Branch will remit payment to the state marshal directly.  Note that the Judicial Branch will pay the fee for successful services only.

Mandatory Protection Order Registry

The Judicial Branch maintains an online Protection Order Registry Service Tracking System (“Registry”) for use in conjunction with the service of restraining orders and civil protection orders.  The Registry is a web-based application that allows state marshals to record service information regarding restraining and civil protection orders through the use of electronic devices (i.e. smart phones, tablets, PCs, and laptops).  Once service information is entered, the Registry automatically sends notification to the applicable law enforcement agencies.  

As soon as possible, but not later than two hours after making service, the state marshal must input the date, time, and method of service into the Registry.  See General Statutes § 46b-15 (h), as amended by Public Act 16-34.  The Registry will automatically notify the applicable law enforcement agencies of the service information.  If, prior to the date of the scheduled hearing, service has not been made, the marshal must input that service was unsuccessful into the Registry.  See General Statutes § 46b-15 (h), as amended by Public Act 16-34. 

Note that use of the Registry is mandatory and marshals are required to utilize the Registry to notify both the court and the applicable law enforcement agencies about service information.  For further information concerning the Protection Order Registry, please contact Toby Padegenis, Court Planner, Superior Court Operations, 225 Spring Street, Third Floor, Wethersfield, CT 06109, Phone: (860) 263-2708.  See also the Judicial Department’s Protection Order Registry’s Service Tracking System (STS) instructions at the end of this section.

Additional Firearms Notification Requirements:  In addition to utilizing the Protection Order Registry subsequent to service, there are special law enforcement notification requirements where the court has issued an ex-parte restraining order and the restraining order application indicates that the Respondent possesses a firearm or ammunition or holds a permit or eligibility certificate for a firearm or ammunition.  In those instances, the state marshal shall, prior to service:

1. Provide notice to the law enforcement agency in the town of service concerning when and where the service will take place;

    

2. Send a copy of the papers by facsimile or other means to such law enforcement agency; and

    

3. Make a request that a police officer from the law enforcement agency be present when service is executed.

Note that while the requested law enforcement agency may designate a police officer to be present during service, it is not mandatory that the agency assign an officer.  See General Statutes § 46b-15 (h) (2), as amended by Public Act 16-34.

Major Statutes

The following list is a guide to some of the important and relevant statutes in the area of restraining and civil protection orders. Always check particular statutes in any given area if you have questions about service.

These statutes are available in the Statutes section of the Connecticut General Assembly website Opens in a new window. 

The following reference list is not exhaustive and sets forth only the most important and commonly used statutes covering service of restraining and civil protection orders:

46b-15                         Primary restraining order statute.  See also General Statutes §§ 46b-38c and 54-1k.

46b-15 (b) (3)              Protection of animals owned or kept by Applicant.

46b-15 (h)                   Service of restraining orders/hearing notices; payment of service fees by the                                                 Judicial Branch.

46b-16 (a) and             Primary civil protection order statutes.
54-1k.

52-261                         State marshal fees for serving process.

6-38b (f)                      State Marshal Commission mandate to provide equitable assignment of service of                                       restraining orders to the state marshals in each county.

51-5c                           Protection Order Registry.

52-259 (a) (3)              Waiver of court entry fees for restraining order matters.

53a-217 and                Criminal possession of a firearm when person is subject of a state
53a-217c                     or foreign restraining or protective order.

29-28 (b) (6) and         Issuing a permit to carry handguns or gun eligibility certificate to
29-36f (b) (6)               acquire firearms to anyone under a restraining or protective order issued for the                                         use, attempted use, or threatened use of physical force against someone.

Forms

The following is a list of the common forms utilized for restraining orders and civil protection orders.   Note that these forms are updated frequently by the Judicial Branch.  Accordingly, it is important to verify that the most current form has been utilized.  These forms are available at the Forms section of the Judicial Branch website located at:http://www.jud.ct.gov/webforms

JD-FM-137 Application For Relief From Abuse

JD-FM-138 Affidavit – Relief From Abuse 

JD-CV-143 Application for Civil Protection Order   

JD-CV-144 Affidavit – Civil Protection Order

RESTRAINING ORDER - CALL-IN PILOT PROGRAM PROTOCOL

The State Marshal Commission, in conjunction with the Judicial Branch, has developed a call-in pilot program for state marshals serving restraining order duty in the following locations: Ansonia-Milford, Litchfield[1], Middletown, New London, Norwich, Rockville, Stamford and Putnam. The state marshals assigned to restraining order duty at these courthouses remain bound by the overall policies of restraining order assignment and service. The following sets forth the call-in protocol for these courthouses only:

• The restraining order duty shifts for participating courthouses, if a state marshal is needed, are the same as for other courthouses - 12:30 p.m. to 1:00 p.m. and 4:30 p.m. to 5:00 p.m.  As with the non-pilot program courthouses, if a state marshal is notified that an order will be issued, the state marshal is required to remain at the courthouse until after the order is issued, even if this occurs after his or her shift.

• All state marshals assigned to the above-noted courthouses must provide and maintain an accurate cell phone number to the Commission.  The Commission will provide the cell phone numbers to each Judicial District Chief Clerk for those state marshals assigned to restraining order duty in that Judicial District. These cell phone numbers are for the clerk’s use only and will not to be given to the public.

• The on-call state marshal must call the clerk at the applicable courthouse each day at 12:00 p.m. and at 4:00 p.m. to inquire if there will be any applicants at the courthouse in need of service of a restraining order.

• If the clerk notifies the state marshal that one or more applicants will be present and will need the service of a restraining order or hearing notice, the state marshal must arrive at the courthouse at the appointed time (12:30 p.m. or 4:30 p.m.) and must remain at the courthouse for the duration of the shift.

• If the clerk is not aware of any applicant in need of the state marshal for the designated shift (12:30 p.m. or 4:30 p.m.), the clerk will so inform the state marshal during the call and the state marshal will not be required to physically report to the courthouse for his or her shift.  However, if between 12:00 p.m. and 1:00 p.m. or between 4:00 p.m. and 5:00 p.m., the clerk becomes aware of an applicant who needs state marshal service, the clerk will call the on-call state marshal’s cell phone to so inform the marshal.  The marshal is then required to report to the courthouse as soon as is possible.

• If the on-call state marshal does not call at the appointed time or does not appear at the courthouse when expected, the clerk will attempt to call the state marshal.  If the state marshal is unavailable by cell phone, the clerk will notify the Commission office as well as the Court Operations Unit.

• The above call-in procedure will not apply to any state marshal who has not provided his or her cell phone number to the Commission.  If a state marshal has not provided his or her cell phone number to the Commission, that state marshal must report in-person to the applicable courthouse for his or her assigned restraining order duty shifts.

State Marshal Commission

Restraining Order

Rotation System

Courthouse        County        Daily Asgmt        Wkly Asgmt        Shift Details          Call-In

Ansonia/ NH                   Yes                                            1 SM both shift     Yes

Milford

Bridgeport                F                                              Yes                  1 SM at 12:30;        No

                                                                                                    1 SM at 4:30

Danbury                   F                   Yes                                              1 SM both shifts   No

Hartford                  H                    Yes                                            1 SM both shifts   No

Litchfield[2]            L                                              Yes                  1 SM both shifts  Yes

Meriden                NH                   Yes                                            1 SM both shifts    No

Middletown          M                     Yes                                            1 SM both shifts  Yes

New Britain          H                     Yes                                            1 SM both shifts   No

New Haven          NH         Yes                                            1 SM both shifts    No

New London       NL                                              Yes                  1 SM at 12:30;             Yes
                                                                                                         1 SM at 4:30

Norwich           NL                                                 Yes                  1 SM at 12:30;             Yes
1 SM at 4:30

Stamford          F                                                    Yes                  1 SM at 12:30;             Yes
1 SM at 4:30

Waterbury        NH                   Yes                                          1 SM both shifts          No

Rockville         T                        Yes                                          1 SM at 12:30;             Yes
1 SM at 4:30

Putnam                        W                             Yes                    1 S M both shifts        Yes