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A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
Under the act, the Superior Court may issue such an order to an applicant who (1) is a victim of sexual abuse, sexual assault, or 1st, 2nd, or 3rd degree stalking; (2) has not obtained any other court order of protection arising out of the abuse, assault, or stalking; and (3) does not qualify for relief under a civil ...
Clause 'h' of Section 41 reads thus:??(h) When enqually efficacious relief can certainly,...obtained by any other usual mode of proceeding except in case of breach of trust;?5. An injunction cannot be granted, if equally efficacious relief can certainly be obtained, by any... other usual mode of proceeding.
But a protective order only lasts until the criminal case ends, and it may not always protect other people in your family, including any children. A restraining order is ordered by a judge in family court, and it applies only to certain people (explained below).
Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.
When a protective order is issued against a respondent in Connecticut, it is recorded in a centralized protective order database accessible by police agencies and everyone in the court system throughout the state. However, this is distinct from a criminal record.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.