Legal Question in Family Law in Connecticut
My fiancee got a restraining order against me due to phone calls and emails during a falling out. There were no threats or violence involved, just phone calls and emails. It was originally an ex parte order, and she did not want to continue it, but at the pressure of her family and friends she asked the judge to go with a 90 day order for us to get help individually. The judge refused and gave the order a year!
We've since been going to individual counseling and are ready to go into couples counseling, but the restraining order prevents that.
In CT, is there a way to remove or modify the restraining order to allow us to go to counseling together?
1 Answer from Attorneys
Yes there is. You or your fiancee can file a motion to modify or terminate the order. You should have had a hearing to fight that original order and defend yourself. I don't have all of the facts, but if either of you file the motion to modify or terminate, you might want to ask for a general broad order by agreement that neither one of you will harrass, intimidate, assault, etc. the other party. This way if the judge has any reservations, she/he may be more inclined to grant it. You should also put in the motion that the reason you want the modification (or termination) is so you both can attend couples counseling. I would also put in there that you both are going to individual counseling as well. don't see why the judge wouldn't grant it at this point.