House Bill No. 5438 seeks to amend existing laws concerning the issuance of restraining and civil protection orders by introducing new provisions that enhance the evidentiary process during hearings. The bill allows both the applicant and the respondent to present evidence, including authenticated electronic communications and other relevant documentation, to demonstrate patterns of harassing behavior. It also empowers the court to consider this evidence when deciding on protective orders. Additionally, the bill outlines specific orders to be issued when the parties involved are spouses or share dependent children, ensuring their safety and basic needs, while prohibiting actions that could jeopardize essential services.

The bill also repeals and replaces certain existing provisions in section 46b-16a, expanding the definition of stalking and clarifying the application process for individuals seeking relief from sexual abuse, assault, or stalking. It mandates that applicants provide an affidavit detailing the facts supporting their request and allows for the non-disclosure of location information if it poses a safety risk. The court is required to schedule a hearing within fourteen days of the application and may issue an ex parte order for immediate protection in cases of imminent danger. Furthermore, the bill establishes that protective orders cannot exceed one year unless extended by the court, and it includes provisions for the protection of animals owned by the victim. The effective date for these changes is set for October 1, 2026, with no anticipated fiscal impact on the state or municipalities.

Statutes affected:
Raised Bill:
JUD Joint Favorable:
File No. 641: