The bill under consideration, Substitute House Bill No. 5326, proposes amendments to the factors a court must consider when deciding whether to extend a restraining order. Currently, a court may extend a restraining order beyond one year if deemed "necessary." The bill seeks to change this language, allowing an extension if the court finds it "appropriate for continued protection." The bill introduces additional factors for the court to consider when determining the appropriateness of an extension, including the severity of the acts that led to the initial order, the ongoing impact on the applicant, the respondent's adherence to or violations of the order, and any new or ongoing behavior by the respondent that meets the criteria of domestic violence. Notably, the bill specifies that a lack of violations by the respondent does not preclude the extension of the order.
The bill is set to take effect on October 1, 2024, and amends subsection (g) of section 46b-15 of the general statutes. The fiscal impact statement indicates that the bill is not anticipated to result in any fiscal impact on the state or municipal governments. The bill also requires the court to consider the same factors it considered when issuing the initial restraining order, including any relevant court records, pending or past criminal cases involving the respondent, any outstanding arrest warrants, risk assessments, and information on any pending or disposed family matters cases involving the applicant and respondent. The bill was reported favorably by the Judiciary Committee with a vote of 28 to 7.