A restraining order—also known as a protective order, a stay away order of protection, or an order of protection—is an order from the court requiring spouses in the divorce process (or other intimate partners) not to come within a specified distance of the other spouse, not to harass the other spouse, and not to contact the other spouse by phone, e-mail, text, or otherwise. A protective order may also order the spouse against whom it is issued not to carry a firearm—even if the spouse is licensed to do so.
Under some circumstances a court may issue an ex parte (pronounced x-par-tay) temporary protective order that is in effect for a certain number of days. An ex parte protective order is issued in an emergency situation without notice to the other spouse and an opportunity for the other spouse (and the spouse’s lawyer) to respond to the application for a protective order. When the spouse or intimate partner is served with the ex parte temporary protective order it will include notice of the hearing date on which the court will consider the application for the more permanent or full order of protection.
Laws regarding protective orders and the circumstances under which they may be issued vary from state to state but are generally based on proof of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. These laws are usually located in a state’s statutes—often in the family code or domestic relations code.
In Connecticut (CT), a restraining order, also known as a protective order, is a legal directive issued by the court to protect individuals from abuse or harassment by a spouse or intimate partner, especially during divorce proceedings. Connecticut law allows for different types of protective orders, including a temporary ex parte protective order, which can be issued immediately without the presence of the other party to provide immediate protection in emergency situations. This temporary order is effective for a short period until a formal hearing can be held, at which point a more permanent order may be issued. The issuance of protective orders in Connecticut typically requires evidence of family or dating violence, domestic abuse, stalking, harassment, sexual abuse, or sexual assault. Additionally, a protective order in Connecticut can include provisions such as prohibiting the respondent from coming within a certain distance of the petitioner, banning any form of contact, and restricting the respondent from possessing firearms, even if they are otherwise licensed to carry them. The specific statutes governing protective orders in Connecticut can be found in the family or domestic relations sections of the state's legal code.