Mandatory Arrests & Protective Orders in Connecticut
Who gets arrested – generally the man!
Evidentiary Hearings on Protective Orders- You ARE entitled to have a judge hear the evidence before a protective order is issued. The case of State v. Fernando A. (2009) sets forth the applicable law. If you do not request the hearing as soon as possible, you may be WAIVING your right to contest the order of the court, an order which can significantly impact your life.
- Protective Orders are issued at the time of arraignment. There are 2 types, full or partial. Full protective order pursuant to CGS 54-63c orders a person not to have any contact, in any manner with the alleged victim. Partial prohibits a person from doing anything already illegal to a defendant (stalking, harassing, etc) but does not prohibit otherwise legal contact
“In this public interest appeal, we consider the nature of the hearing that a defendant must receive prior to the issuance of a criminal protective order in a family violence case (criminal protective order) pursuant to General Statutes § 54-63c (b).2 The defendant, Fernando A., appeals, upon the grant of his application filed pursuant to General Statutes § 52- 265a,3 from the trial court’s denial of his request for an evidentiary hearing prior to the issuance of a criminal protective order. We conclude that § 54-63c (b), and the cross-referenced General Statutes § 46b-38c,4 permit the trial court to issue a criminal protective order at the defendant’s arraignment after consideration of oral argument and the family violence intervention unit’s report (family services report). We also conclude that the trial court is required to hold, at the defendant’s request made at the initial hearing, a subsequent hearing within a reasonable period of time at which the state will be required to prove the continued necessity of that order by a fair preponderance of the evidence, which may include reliable hearsay. Because the defendant did not receive this subsequent hearing as requested, we reverse the decision of the trial court.
- Restraining Orders are civil and done through the civil courthouse and are based on CGS 53a-151, which allows a court to restrain someone from tampering with a witness in an official proceeding (or an imminent proceeding). If a restraining order is granted, the court will issue a temporary order, and set a date for a hearing not more than 2 weeks into the future. At that time, the person who asked for the protective order will have to put on evidence as to why it should continue. If they fail to make a case, the restraining order will end.