Civil Protection Order Information Form. This is a Connecticut form and can be use in Civil Statewide.
Tags: Civil Protection Order Information Form, JD-CV-148, Connecticut Statewide, Civil
CIVIL PROTECTION ORDER INFORMATION FORM JD-CV-148 Rev. 10-16 ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA. STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Note: INFORMATION ABOUT CIVIL PROTECTION ORDERS The person who seeks protection on the Application for Civil Protection Order (form JD-CV-143), is called the "applicant" in the protection order process. The person that the Application is filed against is called the "respondent." How do I know if I qualify for a Civil Protection Order? Answering the questions below will help you decide: 1. Have you been the victim of sexual abuse, sexual assault or stalking? Yes ("X" all that apply) Sexual Abuse Sexual Assault Stalking (as defined in sections 53a-181c, 53a181d, 53a-181e of the Connecticut General Statutes) See Civil Protection Order Stalking Checklist (form JD-CV-155) for more information. No Important: If you checked "No" to question #1 above, you DO NOT qualify for a Civil Protection Order, but you may qualify for a family restraining order. For information on family restraining orders see, Restraining Orders: How to Apply for Relief From Abuse (form JDP-FM-142). 2. Do you already have a court order of protection arising out of such abuse, assault or stalking? Yes No Court location Docket number 3. Is the person who victimized you a member of your family or household? Yes, because the person who victimized me is: ("X" all that apply) My spouse or a person with whom I have a civil union My former spouse or a person with whom I had a civil union The parent of my child My parent My child Someone I cohabited with as an intimate partner (romantic, spousal, or sexual relationship while living together) A person related to me by blood or marriage A person I reside with or have resided with (Reside means sharing a dwelling) A person I am dating or have recently had a dating relationship with No, because none of the relationships listed above apply. Important: If you checked "Yes" to question #1 and "No" to question #2 and question #3, you may qualify for a Civil Protection Order. If you checked "Yes" to question #2 or question #3 above, you DO NOT qualify for a Civil Protection Order, but you may qualify for a family restraining order. For information on family restraining orders see, Restraining Orders: How to Apply for Relief From Abuse (form JDP-FM-142). How do I get a Civil Protection Order? Application Procedures To apply for a civil protection order, complete the following forms: · Application for Civil Protection Order (form JD-CV-143) · Affidavit - Civil Protection Order (form JD-CV-144) Your affidavit must include an explanation of: · what happened, · when it happened, · where it happened, and · who was there when it happened. You can get these forms at any Superior Court Clerk's Office, Court Service Center, or at www.jud.ct.gov. You must sign the forms in front of a clerk, notary public or lawyer. After signing the forms, file them with (give them to) a Clerk of the Superior Court. Important: If the applicant is under 18 years of age, the Application must be signed and filed by an adult representative, also known as a next friend. The next friend may be a parent, guardian or other responsible adult. The Affidavit must be completed and signed by the applicant, even if they are under 18 years of age. The next friend may not speak in court on behalf of the applicant, but may testify as a witness. JD-CV-148 Rev. 10-16 Page 1 of 2 Continued on Back/Page 2 American LegalNet, Inc. www.FormsWorkFlow.com Fees You do not have to pay the court any fees related to a civil protection order. The fee for service (delivery) of the Application and any ex parte orders (orders before a hearing) will be paid for by the Judicial Branch. Judge's Ruling after Review of the Application Your Application and Affidavit will be reviewed by a judge. Depending on the relief you ask for and what you say in your Application and Affidavit, the judge may: Order an ex parte (immediate) civil protection order, order a hearing on your application in which you will be required to appear and testify, or deny your application because it does not qualify for a civil protection order. Ex Parte (Immediate) Civil Protection Order If you believe that you are in imminent danger, you may ask the court to order immediate protection for you without waiting for a hearing. This is called an ex parte civil protection order. You may request such an order in your Application. The judge will review your Application and Affidavit and decide whether to grant an ex parte civil protection order. If the judge grants an ex parte order, the clerk's office will process the papers and give you an original and three copies. The clerk will also give you instructions for how to serve (deliver) the documents to the respondent. See Delivery to Respondent below for more information on service. The clerk will send a copy of the ex parte civil protection order, or the information in the ex parte civil protection order, to law enforcement, the Department of Emergency Services and Public Protection and the national protection order registry within 48 hours. The clerk will also schedule a hearing on your Application. The ex parte civil protection order will only last until the scheduled hearing. If a postponement of a scheduled hearing is asked for, an ex parte order may only be extended by agreement of the parties or by order of the court for good cause shown. Ordering a Hearing The court will review your Application and Affidavit to determine if you qualify for a hearing. If you qualify for a hearing, the court will schedule a date, time and place for your hearing. The respondent is entitled to notice of the hearing and to be present at the hearing. You must provide notice to the respondent, as described below under Delivery to Respondent. You must go to the hearing if you want the court to consider giving you a civil protection order or extend the terms of an ex parte civil protection order. You should bring with you to the hearing any witnesses or evidence that will support your claims. If you are worried about being in the same courtroom as the respondent, you may file a motion asking that your testimony be taken in a different place. The judge may order the use of video-confe