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Temporary Restraining Orders May Not Be Enough: Here's Why

There are many times when people seek restraining orders against their spouses or others around them. They may feel that they're in danger or have become victims of domestic violence.

Did you know that over 8,000 people file for a temporary restraining order in Connecticut each year? It's true, but the unfortunate reality is that the state's system is flawed, and temporary restraining orders don't always go into effect.

What happens when you file a temporary restraining order application?

When you apply for a temporary restraining order, a judge usually orders up to two weeks of emergency protection. This protection may be extended or end at the follow-on hearing. However, there's a catch to remember; the emergency order can only take effect once the accused is served the legal documents.

If the TRO information is not served, retaining orders may be considered void. One study that looked at over 1,000 TRO applications found that only 36% of the emergency or hearing orders were served by a state marshal. Abode service is also allowed, during which the state marshal leaves the order at the respondent's home. Around 25% of orders make it to respondents that way, but some respondents may not receive the order or be unable to prepare a defense due to short notice.

How can you make sure a temporary restraining order is delivered?

While you don't want to give it to the accused directly, you should make sure you give the TRO to the state marshal for delivery and follow up on the case. Your attorney can also assist in making sure the other party is made aware of the order.


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