Restraining Orders

Only a state’s attorney, an assistant state’s attorney, or two law enforcement officers can file the actual petition for a risk protection order.¹ However, you may be able to file in court to request that law enforcement starts an investigation into whether a risk protection order is needed. The law says that any family or household member or medical professional who has a good faith belief that a person poses a risk of immediate (imminent) personal injury to himself/herself or to another person can make an application for a “risk protection order investigation” with the clerk of the court.² A “family or household member” is defined as someone eighteen years or older who:

1. is related to the respondent in any of the following ways:
   • spouse; 
   • parent; 
   • child; 
   • sibling;
   • grandparent;
   • grandchild;
   • step-parent;
   • step-child; 
   • step-sibling; 
   • mother/father-in-law;
   • son/daughter-in-law; or
   • brother/sister-in-law;  
2. lives with the respondent;
3. has a child in common with the respondent;
4. is a dating/intimate partner of the respondent; or
5. is the current or former legal guardian of the respondent.³

If the judge believes the application was made in good faith, the judge will order law enforcement to do a risk protection order investigation to determine if the person does indeed pose a risk of imminent personal injury. If the law enforcement agency determines that there is probable cause to believe this risk exists, they must apply for a risk protection order as soon as possible, usually within 24 hours after receiving the order from the judge to do a risk protection investigation.⁴ 

¹ C.G.S. § 29-38c(a)
² C.G.S. § 29-38c(b)(1)
³ C.G.S. § 29-38c(j)
⁴ C.G.S. § 29-38c(b)(2), (b)(3)