AN ACT CONCERNING EVIDENCE CONSIDERED FOR THE ISSUANCE OF A RESTRAINING ORDER OR CIVIL PROTECTION ORDER.

House of Representatives
HB5438 / File No. 641 1

General Assembly File No. 641
February Session, 2026 House Bill No. 5438

House of Representatives, April 15, 2026

The Committee on Judiciary reported through REP.
STAFSTROM of the 129th Dist., Chairperson of the Committee
on the part of the House, that the bill ought to pass.

AN ACT CONCERNING EVIDENCE CONSIDERED FOR THE
ISSUANCE OF A RESTRAINING ORDER OR CIVIL PROTECTION
ORDER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (e) of section 46b -15 of the 2026 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2026): 3
(e) (1) At the hearing on any application under this section, [if] the 4
applicant or respondent may present evidence in support of or refuting 5
the claims presented in the application, including, but not limited to, 6
authenticated copies of electronic communications, telephone call logs 7
or voicemail recordings, or other evidence demonstrating or refuting a 8
pattern of harassing or other similar behavior. The court may consider 9
such evidence in conjunction with other evidence presented in 10
determining whether to issue orders authorized under this section. 11
(2) If the court grants relief pursuant to subsection (b) of this section 12
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and the applicant and respondent are spouses, or persons who have a 13
dependent child or children in common and who live together, and if 14
necessary to maintain the safety and basic needs of the applicant or the 15
dependent child or children in common of the applicant and 16
respondent, any orders entered by the court may include, in addition to 17
the orders authorized under subsection (b) of this section, any of the 18
following: [(1)] (A) An order prohibiting the respondent from [(A)] (i) 19
taking any action that could result in the termination of any necessary 20
utility services or services related to the family dwelling or the dwelling 21
of the applicant, [(B)] (ii) taking any action that could result in the 22
cancellation, change of coverage or change of beneficiary of any health, 23
automobile or homeowners insurance policy to the detriment of the 24
applicant or the dependent child or children in common of the applicant 25
and respondent, or [(C)] (iii) transferring, encumbering, concealing or 26
disposing of specified property owned or leased by the applicant; [(2)] 27
(B) an order providing the applicant with temporary possession of an 28
automobile, checkbook, documentation of health, automobile or 29
homeowners insurance, a document needed for purposes of proving 30
identity, a key or other necessary specified personal effects; or [(3)] (C) 31
an order that the respondent: [(A)] (i) Make rent or mortgage payments 32
on the family dwelling or the dwelling of the applicant and the 33
dependent child or children in common of the applicant and 34
respondent, [(B)] (ii) maintain utility services or other necessary services 35
related to the family dwelling or the dwelling of the applicant and the 36
dependent child or children in common of the applicant and 37
respondent, [(C)] (iii) maintain all existing health, automobile or 38
homeowners insurance coverage without change in coverage or 39
beneficiary designation, or [(D)] (iv) provide financial support for the 40
benefit of any dependent child or children in common of the applicant 41
and the respondent, provided the respondent has a legal duty to 42
support such child or children and the ability to pay. The court shall not 43
enter any order of financial support without sufficient evidence as to the 44
ability to pay, including, but not limited to, financial affidavits. If at the 45
hearing no order is entered under this subsection or subsection (d) of 46
this section, no such order may be entered thereafter pursuant to this 47
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section. Any order entered pursuant to this subsection shall not be 48
subject to modification and shall expire one hundred twenty days after 49
the date of issuance or upon issuance of a superseding order, whichever 50
occurs first. Any amounts not paid or collected under this subsection or 51
subsection (d) of this section may be preserved and collectible in an 52
action for dissolution of marriage, custody, paternity or support. 53
Sec. 2. Section 46b -16a of the general statutes is repealed and the 54
following is substituted in lieu thereof (Effective October 1, 2026): 55
(a) Any person who has been the victim of sexual abuse, sexual 56
assault or stalking may make an application to the Superior Court for 57
relief under this section, provided such person has not obtained any 58
other court order of protection arising out of such abuse, assault or 59
stalking and does not qualify to seek relief under section 46b -15, as 60
amended by this act . As used in this section, "stalking" means two or 61
more wilful acts, performed in a threatening, predatory or disturbing 62
manner of: Harassing, following, lying in wait for, surveilling, 63
monitoring or sending unwanted gifts or messages to another person 64
directly, indirectly or through a third person, by any method, device or 65
other means, that causes such person to reasonably fear for his or her 66
physical safety. 67
(b) The application shall be accompanied by an affidavit made by the 68
applicant under oath that includes a statement of the specific facts that 69
form the basis for relief. If the applicant attests that disclosure of the 70
applicant's location information would jeopardize the health, safety or 71
liberty of the applicant or the applicant's children, the applicant may 72
request, on a form prescribed by the Chief Court Administrator, that his 73
or her location information not be disclosed. Upon receipt of the 74
application, if the allegations set forth in the affidavit meet the 75
requirements of subsection (a) of this section, the court shall schedule a 76
hearing not later than fourteen days from the date of the application. If 77
a postponement of a hearing on the application is requested by either 78
party, no ex parte order shall be continued except upon agreement of 79
the parties or by order of the court for good cause shown. If the court is 80
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closed on the scheduled hearing date, the hearing shall be held on the 81
next day the court is open and any ex parte order that was issued shall 82
remain in effect until the date of such hearing. If the applicant is under 83
eighteen years of age, a parent, guardian or responsible adult who 84
brings the application as next friend of the applicant may not speak on 85
the applicant's behalf at such hearing unless there is good cause shown 86
as to why the applicant is unable to speak on his or her own behalf, 87
except that nothing in this subsection shall preclude such parent, 88
guardian or responsible adult from testifying as a witness at such 89
hearing. If the court finds that there are reasonable grounds to believe 90
that the respondent has committed acts constituting grounds for 91
issuance of an order under this section and will continue to commit such 92
acts, or acts designed to intimidate or retaliate against the applicant, the 93
court, in its discretion, may make such orders as it deems appropriate 94
for the protection of the applicant. If the court finds that there are 95
reasonable grounds to believe that an imminent danger exists to the 96
applicant, the court may issue an ex parte order granting such relief as 97
it deems appropriate. In making such orders, the court, in its discretion, 98
may consider relevant court records if the records are available to the 99
public from a clerk of the Superior Court or on the Judicial Branch's 100
Internet web site. Such orders may include, but are not limited to, an 101
order enjoining the respondent from: (1) Imposing any restraint upon 102
the person or liberty of the applicant; (2) threatening, harassing, 103
assaulting, molesting, sexually assaulting or attacking the applicant; 104
and (3) entering the dwelling of the applicant. 105
(c) No order of the court shall exceed one year, except that an order 106
may be extended by the court upon proper motion of the applicant, 107
provided a copy of the motion has been served by a proper officer on 108
the respondent, no other order of protection based on the same facts and 109
circumstances is in place and the need for protection, consistent with 110
subsection (a) of this section, still exists. 111
(d) The applicant shall cause notice of the hearing pursuant to 112
subsection (b) of this section and a copy of the application and the 113
applicant's affidavit and of any ex parte order issued pursuant to 114
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subsection (b) of this section to be served by a proper officer on the 115
respondent not less than five days before the hearing. The cost of such 116
service, including mileage pursuant to section 52 -261, shall be paid for 117
by the Judicial Branch. Upon the granting of an ex parte order, the clerk 118
of the court shall provide two copies of the order to the applicant. No 119
officer or person shall be entitled to a fee for service pursuant to this 120
section if timely return of service is not received by the court, absent a 121
court order authorizing such fee. For the purposes of this subsection, 122
timely return includes, but is not limited to, transmitting by facsimile or 123
other means, a copy of the return of service to the court prior to the 124
hearing followed by the delivery of the original return to the court 125
within a reasonable time after the hearing. Upon the granting of an 126
order after notice and hearing, the clerk of the court shall provide two 127
copies of the order to the applicant and a copy to the respondent. Every 128
order of the court made in accordance with this section after notice and 129
hearing shall be accompanied by a notification that is consistent with 130
the full faith and credit provisions set forth in 18 USC 2265(a), as 131
amended from time to time. Immediately after making service on the 132
respondent, the proper officer shall (1) send or cause to be sent, by 133
facsimile or other means, a copy of the application, or the information 134
contained in such application, stating the date and time the respondent 135
was served, to the law enforcement agency or agencies for the town in 136
which the applicant resides, the town in which the applicant is 137
employed and the town in which the respondent resides, and (2) as soon 138
as possible, but not later than two hours after the time that service is 139
executed, input into the Judicial Branch's Internet-based service tracking 140
system the date, time and method of service. If, prior to the date of the 141
scheduled hearing, service has not been executed, the proper officer 142
shall input into such service tracking system that service was 143
unsuccessful. The clerk of the court shall send, by facsimile or other 144
means, a copy of any ex parte order and of any order after notice and 145
hearing, or the information contained in any such order, to the law 146
enforcement agency or agencies for the town in which the applicant 147
resides, the town in which the applicant is employed and the town in 148
which the respondent resides, not later than forty -eight hours after the 149
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issuance of such order, and immediately to the Commissioner of 150
Emergency Services and Public Protection. If the applicant is enrolled in 151
a public or private elementary or secondary school, including a technical 152
education and career school, or an institution of higher education, as 153
defined in section 10a -55, the clerk of the court shall, upon the request 154
of the applicant, send, by facsimile or other means, a copy of such ex 155
parte order or of any order after notice and hearing, or the information 156
contained in any such order, to such school or institution of higher 157
education, the president of any institution of higher education at which 158
the applicant is enrolled and the special police force established 159
pursuant to section 10a-142, if any, at the institution of higher education 160
at which the applicant is enrolled, if the applicant provides the clerk 161
with the name and address of such school or institution of higher 162
education. 163
(e) At the hearing on any application under this section, the applicant 164
or respondent may present evidence in support of or refuting the claims 165
presented in the application, including, but not limited to, authenticated 166
copies of electronic communications, telephone call logs or voicemail 167
recordings, or other evidence demonstrating or refuting a pattern of 168
harassing or other similar behavior. The court may consider such 169
evidence in conjunction with other evidence presented in determining 170
whether to issue orders authorized under this section. 171
[(e)] (f) If the court issues an ex parte order pursuant to subsection (b) 172
of this section and service has not been made on the respondent in 173
conformance with subsection (d) of this section, upon request of the 174
applicant, the court shall, based on the information contained in the 175
original application, extend any ex parte order for an additional period 176
not to exceed fourteen days from the originally scheduled hearing date. 177
The clerk of the court shall prepare a new order of hearing and notice 178
containing the new hearing date, which shall be served upon the 179
respondent in accordance with the provisions of subsection (d) of this 180
section. 181
[(f)] (g) An action under this section shall not preclude the applicant 182
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from subsequently seeking any other civil or criminal relief based on the 183
same facts and circumstances. 184
Sec. 3. Subsection (e) of section 46b -38c of the general statutes is 185
repealed and the following is substituted in lieu thereof (Effective October 186
1, 2026): 187
(e) (1) A protective order issued under this section may include 188
provisions necessary to protect the victim from threats, harassment, 189
injury or intimidation by the defendant, including, but not limited to, an 190
order enjoining the defendant from (A) imposing any restraint upon the 191
person or liberty of the victim, (B) threatening, harassing, assaulting, 192
molesting or sexually assaulting the victim, or (C) entering the family 193
dwelling or the dwelling of the victim. A protective order issued under 194
this section may include provisions necessary to protect any animal 195
owned or kept by the victim including, but not limited to, an order 196
enjoining the defendant from injuring or threatening to injure such 197
animal. Such order shall be made a condition of the bail or release of the 198
defendant and shall contain the following notification: "In accordance 199
with section 53a -223 of the Connecticut general statutes, any violation 200
of this order constitutes criminal violation of a protective order which is 201
punishable by a term of imprisonment of not more than ten years, a fine 202
of not more than ten thousand dollars, or both. Additionally, in 203
accordance with section 53a -107 of the Connecticut general statutes, 204
entering or remaining in a building or any other premises in violation 205
of this order constitutes criminal trespass in the first degree which is 206
punishable by a term of imprisonment of not more than one year, a fine 207
of not more than two thousand dollars, or both. Violation of this order 208
also violates a condition of your bail or release, and may result in raising 209
the amount of bail or revoking release." Every order of the court made 210
in accordance with this section after notice and hearing shall be 211
accompanied by a notification that is consistent with the full faith and 212
credit provisions set forth in 18 USC 2265(a), as amended from time to 213
time. The information contained in and concerning the issuance of any 214
protective order issued under this section shall be entered in the registry 215
of protective orders pursuant to section 51-5c. 216
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(2) Each person who receives an order of the court in accordance with 217
this subsection shall be given a notice that contains the following 218
language: "If a protective order has been issued on your behalf or on 219
behalf of your child, you may elect to give testimony or appear in a 220
family court proceeding remotely, pursuant to section 46b-15c. Please 221
notify the court in writing at least two days in advance of a proceeding 222
if you choose to give testimony or appear remotely, and your physical 223
presence in the courthouse will not be required in order to participate in 224
the court proceeding.". 225
(3) At the hearing concerning the issuance of a protective order under 226
this section, the victim or defendant may present evidence in support of 227
or in opposition to the issuance of the order, including, but not limited 228
to, authenticated copies of electronic communications, telephone call 229
logs or voicemail recordings, or other evidence demonstrating or 230
refuting a pattern of harassing or other similar behavior. The court may 231
consider such evidence in conjunction with other evidence presented in 232
determining whether to issue orders authorized under this section. 233
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 46b-15(e)
Sec. 2 October 1, 2026 46b-16a
Sec. 3 October 1, 2026 46b-38c(e)

JUD Joint Favorable

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None
Municipal Impact: None
Explanation
The bill makes procedural changes to how courts may consider
evidence in applications for civil restraining or civil protection orders,
resulting in no fiscal impact because courts have the capacity and
expertise to meet the bill's requirements.
The Out Years
State Impact: None
Municipal Impact: None

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OLR Bill Analysis
HB 5438

AN ACT CONCERNING EVIDENCE CONSIDERED FOR THE
ISSUANCE OF A RESTRAINING ORDER OR CIVIL PROTECTION
ORDER.

SUMMARY
This bill explicitly allows, for civil restraining or civil protection order
applications, the (1) applicant or respondent (the party against whom
protection is sought) to present evidence supporting or refuting the
claims in the application and (2) court to consider this evidence, along
with other evidence presented , in deciding whether to issue the order .
Similarly, the bill explicitly allows victims and respondents to present
this evidence, and the court to consider it when determining whether to
issue a family violence protective order (see BACKGROUND).
It also specifically allows the parties, at a hearing on whether to issue
any of these orders, to present authenticated copies of electronic
communications, telephone call logs or voicemail recordings, or other
evidence demonstrating or refuting a pattern of harassing or other
similar behavior.
It also makes technical changes.
EFFECTIVE DATE: October 1, 2026
BACKGROUND
Civil Restraining Order or Civil Protection Order
A family or household member may apply for a civil restraining
order for relief from physical abuse, stalking, or a pattern of threatening
by another family or household member (CGS § 46b-15).
A victim of sexual abuse, sexual assault, or stalking may apply for a
civil protection order if he or she is not eligible for the restraining order
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described above (CGS § 46b-16a).
Family Violence Protective Order
At the recommendation of a family relations office r or the State
Attorney’s Office, a court may issue a family violence protection order
in family violence cases to protect a victim from threats, harassment,
injury, or intimidation. This order is issued at arraignment during a
criminal proceeding (CGS § 46b-38c).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 41 Nay 0 (03/30/2026)