What is domestic violence protection in Connecticut divorce?

What a family restraining order can do

C.G.S. § 46b-15 allows a family or household member who is the victim of domestic violence to apply to the Superior Court for relief. The court must schedule a hearing quickly, and if the applicant alleges immediate and present physical danger, the court may issue an ex parte order first. Those orders can forbid contact, threats, harassment, or entry into the home. The statute also allows temporary child custody or visitation provisions and, in some cases, additional orders to protect basic needs such as utilities, insurance, transportation, or specified property. The Judicial Branch publishes the restraining-order instructions and hotline information on its official guidance page as part of that process.

How abuse affects custody and child-safety decisions

Domestic violence is not a side issue in custody. Under C.G.S. § 46b-56, the court considers the child's best interests, including the effect on the child of the actions of an abuser if domestic violence has occurred. In more urgent situations, C.G.S. § 46b-56f permits an emergency ex parte order of custody when there is an immediate and present risk of physical danger or psychological harm to the child. That means the court has separate tools for long-term custody analysis and short-term emergency protection, and the right tool depends on how immediate the safety risk is.

What the divorce court can order while the case is pending

The divorce case itself can also provide protection. Under C.G.S. § 46b-83, the court may award alimony or support pendente lite and can give one party exclusive use of the family home or another residence while the case is pending. That matters because safety planning is often tied to housing and money, not only to no-contact language. A restraining order and a divorce motion for temporary orders can work together, but they do different jobs. One is primarily a safety order, and the other is part of the family-case management of support, residence, and parenting while the case moves forward.

Practical steps if safety is the issue

If there is immediate danger, call 911 first. After immediate safety, preserve the documents and facts the court will need: photos, messages, police paperwork if there is any, medical records if relevant, and a timeline of incidents. Linda Douglas, Chief Legal Officer at Untangle, recommends matching the facts to the relief you need right now instead of using one motion as a catch-all. That usually means separating at least three questions: whether you need a restraining order, whether you need emergency custody relief, and whether you need temporary support or exclusive use of the home while the divorce is pending.

Frequently Asked Questions

Can a restraining order decide final custody?

Not by itself. A restraining order can include temporary child custody or visitation provisions under C.G.S. § 46b-15, but final custody decisions are still made under the custody statutes and the child's best interests. The abuse evidence remains highly relevant when the court makes those longer-term orders.

Can the court make my spouse leave the home?

Yes, sometimes. A restraining order can bar the respondent from entering the dwelling, and the divorce court may award one party exclusive use of the family home pendente lite under C.G.S. § 46b-83. Which path fits best depends on whether the need is immediate safety, temporary case management, or both.

Do I need a criminal case before I ask for family-court protection?

No. A family restraining order under C.G.S. § 46b-15 is a civil remedy, so it does not depend on a criminal case being filed first. A criminal protective order may exist in some cases, but the family-court restraining-order process is its own separate tool.