Armata-Pripstein - Application and Instructions for Restraining Order

Armata-Pripstein - Application and Instructions for Restraining Order Armata-Pripstein - Application and Instructions for Restraining Order

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Filing for an Application for a Restraining Order - CT Judicial Branch http://www.jud.ct.gov/forms/grouped/family/restraining_order.htm Page 1 of 2 12/21/2010 Family Forms Filing an Application for a Restraining Order Disclaimer: The information on this web page is provided as a service and a convenience by the Connecticut Judicial Branch. It is not intended as legal advice to any person. If you have questions about the use of these forms, your legal rights, or particular issues in your case, it is strongly recommended that you talk to an attorney. Quick Links Common Legal Words Court Fees Court Service Centers Family Links Family Publications/Videos Forms Due to the changing nature of the law, the forms and information found on this web site will change from time to time. It is up to you to follow the current procedures and to file the correct, up-to-date forms. Each court location has a Clerk's Office and many locations also have a Court Service Center that can give you help and information about court procedures. Please note, however, that Clerk's Office and Court Service Center personnel cannot provide you with legal advice. Instructions These instructions are to help you represent yourself in court. Legal words and court documents can be confusing. The more you know, the more comfortable you will be when you fill out the necessary court forms and come to court. These instructions will give you some useful information and instructions on filling out the necessary forms. Every case is different and this instruction sheet is to be used as a guide only; if you think you need more help you may want to get an attorney. You can also go to a Court Service Center or contact the Connecticut Network for Legal Aid or find additional information at the Law Libraries. Court staff can answer procedural questions and help you understand the legal process, but cannot give you legal advice. To apply for a Restraining Order you have to fill out the following 2 forms: • Application for Relief From Abuse (JD-FM-137) • Affidavit- Relief From Abuse (JD-FM-138) If you are seeking temporary custody of children, you must also fill out an: • Affidavit Concerning Children (JD-FM-164) The person who fills out the Application for Relief From Abuse is called the “Applicant”. The person the Application is filed is called the “Respondent.” There are no court fees for the Application. Once you finish your paperwork, you must take it to the Clerk’s office. Do not sign these forms until you are in front of a court clerk or a notary public. The Application and Affidavit will be reviewed by a Judge. Once the Judge makes a decision on your Application, the Clerk’s Office will process the papers and return them to you. The date you have to come back to court for your hearing will be on the order form. The paperwork must be given immediately to a State Marshal, so that he or she may deliver the paperwork to the Respondent. You will be given a State Marshal Commission form to fill out called the Restraining Order Service Instructions/Profile (SMC-1). This form helps the State Marshal find the Respondent. The Clerk’s Office or the Court Service Center can give you a list of State Marshals. At certain court locations, a State Marshal will be at the courthouse at specific times during the day to help you with getting the papers delivered to the Respondent. If your Application was granted, be sure to keep a copy of the paperwork with you at all times and keep another copy in a safe place. The court will send a copy of the order to the police department. You must be in court on the date of the hearing if you want the court to give you a restraining order or, if the court already gave you a temporary restraining order, to keep it in place. The respondent may also be in court. If you think you need more security when you are in court for your restraining order

Filing <strong>for</strong> an <strong>Application</strong> <strong>for</strong> a <strong>Restraining</strong> <strong>Order</strong> - CT Judicial Branch<br />

http://www.jud.ct.gov/<strong>for</strong>ms/grouped/family/restraining_order.htm<br />

Page 1 of 2<br />

12/21/2010<br />

Family Forms<br />

Filing an <strong>Application</strong> <strong>for</strong> a <strong>Restraining</strong> <strong>Order</strong><br />

Disclaimer: The in<strong>for</strong>mation on this web page is provided as a<br />

service <strong>and</strong> a convenience by the Connecticut Judicial Branch. It is<br />

not intended as legal advice to any person.<br />

If you have questions about the use of these <strong>for</strong>ms, your legal<br />

rights, or particular issues in your case, it is strongly recommended<br />

that you talk to an attorney.<br />

Quick Links<br />

Common Legal Words<br />

Court Fees<br />

Court Service Centers<br />

Family Links<br />

Family Publications/Videos<br />

Forms<br />

Due to the changing nature of the law, the <strong>for</strong>ms <strong>and</strong> in<strong>for</strong>mation found on this web site will change from<br />

time to time. It is up to you to follow the current procedures <strong>and</strong> to file the correct, up-to-date <strong>for</strong>ms.<br />

Each court location has a Clerk's Office <strong>and</strong> many locations also have a Court Service Center that can<br />

give you help <strong>and</strong> in<strong>for</strong>mation about court procedures. Please note, however, that Clerk's Office <strong>and</strong><br />

Court Service Center personnel cannot provide you with legal advice.<br />

<strong>Instructions</strong><br />

These instructions are to help you represent yourself in court. Legal words <strong>and</strong> court documents can be<br />

confusing. The more you know, the more com<strong>for</strong>table you will be when you fill out the necessary court<br />

<strong>for</strong>ms <strong>and</strong> come to court. These instructions will give you some useful in<strong>for</strong>mation <strong>and</strong> instructions on<br />

filling out the necessary <strong>for</strong>ms.<br />

Every case is different <strong>and</strong> this instruction sheet is to be used as a guide only; if you think you need<br />

more help you may want to get an attorney. You can also go to a Court Service Center or contact the<br />

Connecticut Network <strong>for</strong> Legal Aid or find additional in<strong>for</strong>mation at the Law Libraries. Court staff can<br />

answer procedural questions <strong>and</strong> help you underst<strong>and</strong> the legal process, but cannot give you legal<br />

advice.<br />

To apply <strong>for</strong> a <strong>Restraining</strong> <strong>Order</strong> you have to fill out the following 2 <strong>for</strong>ms:<br />

• <strong>Application</strong> <strong>for</strong> Relief From Abuse (JD-FM-137)<br />

• Affidavit- Relief From Abuse (JD-FM-138)<br />

If you are seeking temporary custody of children, you must also fill out an:<br />

• Affidavit Concerning Children (JD-FM-164)<br />

The person who fills out the <strong>Application</strong> <strong>for</strong> Relief From Abuse is called the “Applicant”. The person the<br />

<strong>Application</strong> is filed is called the “Respondent.” There are no court fees <strong>for</strong> the <strong>Application</strong>.<br />

Once you finish your paperwork, you must take it to the Clerk’s office. Do not sign these <strong>for</strong>ms until you<br />

are in front of a court clerk or a notary public. The <strong>Application</strong> <strong>and</strong> Affidavit will be reviewed by a Judge.<br />

Once the Judge makes a decision on your <strong>Application</strong>, the Clerk’s Office will process the papers <strong>and</strong><br />

return them to you. The date you have to come back to court <strong>for</strong> your hearing will be on the order <strong>for</strong>m.<br />

The paperwork must be given immediately to a State Marshal, so that he or she may deliver the<br />

paperwork to the Respondent. You will be given a State Marshal Commission <strong>for</strong>m to fill out called the<br />

<strong>Restraining</strong> <strong>Order</strong> Service <strong>Instructions</strong>/Profile (SMC-1). This <strong>for</strong>m helps the State Marshal find the<br />

Respondent. The Clerk’s Office or the Court Service Center can give you a list of State Marshals. At<br />

certain court locations, a State Marshal will be at the courthouse at specific times during the day to help<br />

you with getting the papers delivered to the Respondent.<br />

If your <strong>Application</strong> was granted, be sure to keep a copy of the paperwork with you at all times <strong>and</strong> keep<br />

another copy in a safe place. The court will send a copy of the order to the police department.<br />

You must be in court on the date of the hearing if you want the court to give you a restraining order or, if<br />

the court already gave you a temporary restraining order, to keep it in place. The respondent may also<br />

be in court. If you think you need more security when you are in court <strong>for</strong> your restraining order


Filing <strong>for</strong> an <strong>Application</strong> <strong>for</strong> a <strong>Restraining</strong> <strong>Order</strong> - CT Judicial Branch<br />

http://www.jud.ct.gov/<strong>for</strong>ms/grouped/family/restraining_order.htm<br />

Page 2 of 2<br />

12/21/2010<br />

hearing, contact the Clerk's Office or the Court Service Center in the court where your hearing is<br />

scheduled.<br />

On the day of your hearing be sure to come to court early because it can take 10 to 20 minutes to get<br />

into the courthouse since everyone must go through a metal detector. Be sure to bring copies of your<br />

<strong>for</strong>ms <strong>and</strong> any evidence to support your claim. Go to your assigned courtroom <strong>and</strong> wait <strong>for</strong> instructions.<br />

If you are not sure where to go, check with the Clerk’s Office or Court Service Center.<br />

The orders are usually good <strong>for</strong> six months after the hearing, but the judge can decide to make the<br />

orders good <strong>for</strong> a longer or shorter amount of time. You should contact the police department<br />

immediately if the Respondent violates any order issued.<br />

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Copyright © 2010, State of Connecticut Judicial Branch


APPLICATION FOR<br />

RELIEF FROM ABUSE<br />

JD-FM-137 Rev. 2-10 C.G.S. §§ 29-28, 29-32, 29-33,<br />

46b-15, 46b-38nn, 46b-38oo, 52-231a<br />

<strong>Instructions</strong><br />

To Applicant<br />

<strong>Instructions</strong><br />

To Clerk<br />

{<br />

{<br />

STATE OF CONNECTICUT<br />

SUPERIOR COURT<br />

www.jud.ct.gov<br />

1. Use a typewriter or print clearly in ink.You must also complete an Affidavit, <strong>for</strong>m JD-FM-138. Give both <strong>for</strong>ms to the Clerk of Court.<br />

2. After your <strong>Application</strong> <strong>and</strong> Affidavit are processed, the clerk will give you the proper papers to have served on the Respondent.<br />

3. Make sure the originals are returned to court after service.<br />

1. If Ex Parte relief is ordered, prepare the following <strong>for</strong>ms: <strong>Order</strong> of Protection, <strong>for</strong>m JD-CL-99, <strong>and</strong> if applicable, Additional <strong>Order</strong>s of Protection,<br />

<strong>for</strong>m JD-CL-100; <strong>Order</strong> <strong>and</strong> Notice of Court Hearing, <strong>for</strong>m JD-FM-140; General <strong>Restraining</strong> <strong>Order</strong> Notifications (Family), <strong>for</strong>m JD-CL-104.<br />

2. If Ex Parte relief is NOT ordered, prepare <strong>Order</strong> <strong>and</strong> Notice of Court Hearing, <strong>for</strong>m JD-FM-140.<br />

3. Provide the Applicant with the original <strong>and</strong> one copy of the <strong>Application</strong> <strong>and</strong> Affidavit. Retain copies of each <strong>for</strong> court file.<br />

4. Provide the Applicant with the Procedures For Relief From Abuse Process brochure JDP-FM-142 <strong>for</strong> further in<strong>for</strong>mation.<br />

Judicial District of<br />

Court location (number, street, town, zip code)<br />

Docket number<br />

Name of applicant (Last, first, middle initial)<br />

Date of birth (mm/dd/yyyy) Sex (M/F) Race<br />

Address to which mail is to be sent (number, street)<br />

(Town) (State) (Zip Code)<br />

Home/residence address* Same as mailing address<br />

(Town)<br />

(State) (Zip Code)<br />

Work address*<br />

(Town) (State) (Zip Code)<br />

* NOTE: The home address <strong>and</strong>/or work address provided above will be included on any orders entered by the court. If you do<br />

not wish to provide your home address <strong>and</strong>/or work address, do not complete these boxes. However, failure to disclose your<br />

location in<strong>for</strong>mation may limit the protection your can receive by the restraining order. If you believe that disclosure of location<br />

in<strong>for</strong>mation would jeopardize you <strong>and</strong>/or your child(ren)'s health, safety or liberty, you may file a Request For Nondisclosure of<br />

Location In<strong>for</strong>mation with the Clerk of Court.<br />

In<strong>for</strong>mation About The Respondent<br />

Name of respondent (Person against whom application is filed) (Last, first, middle initial)<br />

Date of birth (mm/dd/yyyy) Sex (M/F) Race<br />

Address of respondent (Number, street)<br />

(Town) (State) (Zip Code)<br />

Respondent's telephone number<br />

Other identifiers (Examples include height, weight <strong>and</strong> approximate age)<br />

Respondent is ("X" all that apply)<br />

My spouse or a person I have a civil union with<br />

My child<br />

My <strong>for</strong>mer spouse or a person I had a civil union with<br />

A person 18 or over related to me by blood or marriage<br />

Parent of my child<br />

A person 16 or over with whom I reside or with whom I have resided<br />

My parent<br />

A caretaker who is providing shelter in his or her residence to a person 60<br />

years of age or older<br />

A person with whom I have (or recently had) a dating relationship<br />

"X" here if you have cohabited with the Respondent as an intimate partner (romantic, spousal, or sexual relationship while living together).<br />

"X" here if a Protective <strong>Order</strong>/<strong>Restraining</strong> <strong>Order</strong> exists affecting any party to this <strong>Application</strong> (Enter docket number <strong>and</strong> court location)<br />

Docket number<br />

Court location<br />

"X" here if a dissolution of marriage (divorce), dissolution of civil union, custody or visitation action exists involving the same parties.<br />

(Enter docket number <strong>and</strong> court location)<br />

Docket number<br />

Court location<br />

Page 1 of 2 (continued on page 2)


Name of applicant Name of respondent Docket number<br />

<strong>Application</strong> For Relief From Abuse<br />

I have been subjected to a continuous threat of present physical pain or physical injury by the Respondent named above as<br />

stated more fully in my attached Affidavit.<br />

1. I request that the court order the following conditions: ("X" all that apply)<br />

CT01<br />

CT03<br />

CT05<br />

CT14<br />

CT16<br />

CT19<br />

The Respondent not assault, threaten, abuse, harass, follow, interfere with, or stalk me. (CT01)<br />

The Respondent stay away from my home or wherever I shall reside. (CT03)<br />

The Respondent not contact me in any manner, including by written, electronic or telephone contact, <strong>and</strong> not<br />

contact my home, workplace or others with whom the contact would be likely to cause annoyance or alarm to<br />

me. (CT05)<br />

The Respondent may return to the home one time with police to retrieve belongings. (CT14)<br />

The Respondent stay 100 yards away from me. (CT16)<br />

That the order protect my minor children. (CT19)<br />

Name(Last, first, middle initial) Date of birth(mm/dd/yyyy) Relationship to me<br />

CT31<br />

That the order protect animals owned or kept by me. (CT31)<br />

2. I request that the court make the following temporary child custody <strong>and</strong> visitation orders:<br />

CT20<br />

Award me temporary custody of the following minor child(ren) who is (are) also the child(ren) of the Respondent.<br />

1<br />

2<br />

3<br />

Name<br />

(Last, first, middle initial)<br />

Sex<br />

(M/F)<br />

Date of birth<br />

(mm/dd/yyyy)<br />

4<br />

5<br />

6<br />

Name<br />

(Last, first, middle initial)<br />

Sex<br />

(M/F)<br />

Date of birth<br />

(mm/dd/yyyy)<br />

CT21<br />

With visitation as follows:<br />

CT22<br />

Without visitation rights to the Respondent.<br />

3. I request that the court order the following: (further order)<br />

Request For Ex Parte (Immediate) Relief ("X" if applicable)<br />

4. I request that the court order Ex Parte (immediate) relief because I believe there is an immediate <strong>and</strong> present physical<br />

danger to me <strong>and</strong> / or my minor children <strong>and</strong> / or animals owned or kept by me.<br />

Signed (Applicant)<br />

Subscribed <strong>and</strong> Signed (Clerk, Notary, Commisioner of Superior Court) Date signed<br />

sworn to be<strong>for</strong>e me:<br />

Optional to applicant (If you choose to answer, "X" the appropriate boxes below)<br />

1. Does the respondent hold a permit to carry a pistol or revolver?...................<br />

2. Does the respondent possess one or more firearms?...................................<br />

Yes No Unknown<br />

Yes No Unknown<br />

If you think you need more security when you are in court <strong>for</strong> your relief from abuse hearing, contact the Clerk's Office or the Court Service<br />

Center in the court where your hearing is scheduled<br />

JD-FM-137 Rev. 2-10<br />

Page 2 of 2

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