Re: GF was raped by crazy high school bf

I lost the link, but here is the info.

EXAMPLE:

What is a restraining order?
A restraining order is an order made by a court to protect a person from physical pain or injury or the threat of pain or injury. It can generally be issued against a family member (for example, husband, ex-husband, father of your child) or a household member (anyone with whom you live or used to live) or against someone you have recently dated. You do not have to be married to the person to get a restraining order. However, you must know where the person lives or works. A list of the people against whom restraining orders can be issued is on the restraining order form.

What can a restraining order do?
A restraining order tells the person who may be hurting you to stop hitting, threatening, or harming you in any way. It can also order the person (see note below) to stay away from you, to move out of your home, or to stop coming to your home. It can also give you temporary custody of your children, though it cannot be used only for this purpose. The person can be arrested if he/she threatens or physically hurts you, or contacts you or comes near you when the restraining order says he/she is not allowed to do so.

Please Note: Throughout this pamphlet we will use the word "partner" to indicate the person who may be hurting you. In this pamphlet, the word "partner" can mean your current or former spouse, boyfriend, or girlfriend; a relative; the father of your child; the person with whom you now or used to live; or someone you have recently dated.

Do I need an attorney to get a restraining order?

No. You can get a restraining order by yourself--an attorney is not essential. However, we recommend you contact an attorney to make sure your legal rights are protected. Also, the domestic violence programs (see page 10) may be able to answer some of your questions or help you fill out the necessary court forms.

If I am in danger today, how will a restraining order help me?

If you swear to the court that you are in immediate physical danger, the court may give you an ex parte restraining order. An ex parte restraining order is a temporary, emergency order which is made when only the requesting party (called an applicant or petitioner) is present to talk to the judge. If the judge agrees you are in immediate physical danger, the ex parte order will be granted and a hearing scheduled within 14 days. This means the restraining order is in effect the day it is signed. Your partner can be arrested if he/she disobeys the order after being served the court order by a marshal. If you are in the middle of a divorce, the court may want to hear from the other side before granting a restraining order.

Is there a cost to get a restraining order?

There is no cost to file your application for a restraining order. And, the state pays for a marshal to serve (give the papers) to your partner in all cases.

How do I apply for a restraining order?

You ask the court to issue a restraining order by following these steps. Note: If you file the restraining order, you are the applicant (or petitioner) and the ex-boyfriend is the respondent (or defendant).

Step 1: Complete the proper forms.

Forms are available from the clerk of the Superior Court, domestic violence programs, legal services offices and on the State Judicial Branch web site
http://www.jud.state.ct.us.
The forms must be signed in front of the court clerk or a notary public.

Application for Relief from Abuse (Form # JD-FM-137);
Affidavit for Relief From Abuse (Form #JD-FM-138); and
Affidavit-Temporary Custody Relief From Abuse (Form #JD-FM-138A) if you have children.
Request for Nondisclosure of Location Information. (Form #JD-FM-188) if you are worried about disclosing your new address.
Note: The police and her ex-boyfriend will receive a copy of your application and statement (affidavit).



Step 2. Give the completed forms to the court clerk.

The court clerk will then take the papers to a judge who will decide whether you should get an ex parte restraining order.

Sometimes the judge may want to ask you questions about the abuse before making a decision. This questioning would usually happen on the same day that you ask for the restraining order.

The judge may decide that there is not enough evidence to show that you are in immediate danger, and, therefore, will not sign an ex parte restraining order. However, you may still be able to get a restraining order after a hearing when your partner has been notified of the hearing date or is present at the hearing. The process is the same as for an ex parte restraining order except that you will not have any restraining order between the time you ask a judge for a restraining order and the day of the hearing (which is held within 14 days). (See steps 3-6 below.) If you believe that you are still in danger, you may want to talk to a lawyer or to your local domestic violence program.

What should I do once I get the restraining order from the court?

Step 3. Make note of the hearing date, get copies of the order and keep a copy with you at all times.

After the judge signs the order, the clerk will set a hearing date for some time within 14 days. Then, the clerk will give you two certified copies which show that the order was officially granted by the court.

Keep a certified copy on you at all times so you can show it to the police if you need help. The court should also send copies to the police departments in the towns where you live, where you work, and where the other person lives.

Step 4. Have the papers served on your partner.

Quickly arrange to have a marshal notify your partner of the ex parte order (if any) and of the upcoming hearing. The marshal must serve these papers to your partner at least 5 days before the hearing date. You can get a list of marshals from the court clerk or from the Judicial web site (www.jud.state.ct.us). Choose a marshal from the town in which your partner lives or works.

Then call the marshal to arrange for the papers to be served. Give the marshal the original and one copy of the papers and a description or photo of your partner.

If it has been ordered by the judge, you may also want the marshal to help you remove the person from your home. If the marshal will not help, contact your local police to help you.

If the marshal cannot find your partner, your restraining order may end on the court date and you may need to fill out new forms and start over. However, you should still go to court on the day of the hearing and explain to the judge that the marshal could not find your partner. The judge may give you more time to have the papers served so that you do not have to do it all over again.

Step 5. Make a copy of the marshal's "return of service".

After the marshal serves the papers, he/she will give you back the original papers with the "return of service" which tells the court when and where the papers were served. Make a copy of the return of service and bring the papers with you to the court hearing.

What happens on the hearing date?

Step 6. Attend the hearing.

Get to the court at least 15 minutes early so you can ask the clerk what the procedure is in that courthouse. Many judges require both parties meet with a Family Services Officer before they can have a hearing. A Family Services Officer works for the court and will try to help you reach an agreement. Ask the clerk whether you should first report to Family Services or to go to the courtroom.

If you and the other person come to an agreement about extending the restraining order, write the agreement down. Both you and the other party must sign the agreement and then present it to the judge. If you do not come to an agreement, you will have a hearing before the judge.

Step 7. Presenting your case.

When it is time to present your case to the judge, go to the courtroom. When you hear your name, stand up and say, "Ready." Go to the front of the courtroom and stand behind one of the tables. Give the judge any written agreement to extend the order. Also, give the judge the original court papers if the marshal did not file them with the court. Both you and your partner will have a chance to tell your side of the story.

The judge will decide whether to grant or extend the restraining order. If the judge does not grant the restraining order, try to find out why. There may be an error in your papers that you can correct. If you believe that you are still in danger, you may want to call your local domestic violence program for help.

What can I do if my partner disobeys the restraining order?

You may call the police if your partner disobeys the order. Tell the police you have a restraining order that is being disobeyed and you want the person arrested. Show the officer the restraining order and write down the names of the officers you talk to. If you are working with an attorney or domestic violence program, let them know what has happened.

How long will the restraining order last?

If the judge extends the order, it can last for 180 days. If you believe you will still be in danger at the end of 180 days, you should apply to the court for another extension a month before the six months is up. See the Legal Aid booklet, How to Extend a Restraining Order.
http://www.larcc.org/pamphlets/children_family/extend_restraining_order.htm


You have a right not to be abused. If a member of your family, household, a former household member, or someone you have recently dated is abusing you or threatening you with physical abuse, you can get a court order (called a "restraining order") which tells the abuser to stop.



Sample Forms:
Form 1: Application for Relief from Abuse

http://www.larcc.org/pamphlets/samples/jd_fm_137.pdf

Form 2: Affidavit - Relief from Abuse

http://www.larcc.org/pamphlets/samples/jd_fm_138.pdf

Form 3: Affidavit - Temporary Custody - Relief From Abuse

http://www.larcc.org/pamphlets/samples/jd_fm_138a.pdf


Connecticut Services for Abused Women
These programs provide emergency shelter, 24-hour hotline, crisis intervention, and information and referral services.
24 HOUR HOTLINE: 1-888-774-2900.
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