We hope ALL of you will be attending or at least submitting written testimony for Monday’s public hearing. The antigun groups are mobilizing their members, it is vitally important we make our voices heard!
CCDL Legislative Coordinator Ray Bevis has put together the following resources to help you out. If you have any questions, you may email Ray at firstname.lastname@example.org
Resource Sheet for:
2016 – H.B. No. 5054 AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE
2016 – H.B. No. 5597 AN ACT PROTECTING DOMESTIC VIOLENCE VICTIMS SEEKING RESTRAINING ORDERS
2016 – H.B. No. 5623 AN ACT CONCERNING VIOLENCE AGAINST WOMEN AND VICTIMS OF HUMAN TRAFFICKING
Some Points to Raise:
- Try not using the word victim, instead try using applicant or applicant of the ex parte restraining order.
- Try referring to the alleged attacker as the respondent or subject.
- Taking away a person’s natural right of protection without a hearing, without a criminal charges, without a police report, without due process.
- This is just a gun grabbing law.
- For an ex parte application, a judge cannot determine a fair preponderance of the evidence on the basis of one biased affidavit.
- Connecticut already has a seizure of firearm provision for persons posing a risk of injury to self or others under 29-38c – “Seizure of firearms of person posing risk of imminent personal injury to self or others”.
- Connecticut already has a seizure of firearm provision for when a peace officer determines that a family violence crime has been committed under 46b-38b.
- Many states, including Connecticut, already prohibit people with violent misdemeanor convictions from acquiring or possessing firearms or ammunition, regardless of the offender’s relationship to the victim.
- Applicants of temporary restraining orders commonly apply for them days and sometimes weeks after the alleged incident happened and often without a police report filed.
- Alleged domestic violence victims are not required to report to the police in order to obtain a restraining order.
- Rights are striped without a chance to be heard and without a police report.
- If a crime is serious enough to cause an individual to lose a fundamental constitutional right, then that crime should be serious enough for a police investigation.
- Police are trained to administer the Lethality Risk Assessment, which is the evidence-based instrument that’s used to identify domestic violence victims who are at heightened risk of injury or worse.
- In 2014, 45% of all ex parte temporary restraining orders were found not to be valid after the hearing.
- In 2015, 37% of all ex parte temporary restraining orders were found not to be valid after the hearing.
–Ex parte: /ˌɛks ˈpɑrtiː/ is a Latin legal term meaning “from (by or for) [the/a] party”. An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
Protective / Restraining Order Glossary
Other References & Resources
Firearm possession & domestic violence restraining orders report from OLR:
CONSTITUTION OF THE STATE OF CONNECTICUT:
THE FAMILY VIOLENCE ARRESTS ANNUAL REPORT FOR 2014 with great visual charts.
Hands, fists, feet were the most commonly used weapon to commit the murder used in 38 percent of the incidents
In only two incidents was there either an active or expired Court Order of Protection
In the 24 family violence homicides, hands, fists, feet were the most common weapon, nine (38%). Other weapons included knives, eight (33%) and firearms, seven (29%).
2014 Findings & Recommendations Connecticut Domestic Violence Fatality Review Committee
Letter to Gov. Malloy from Rachel M. Baird, Attorney
Regarding Connecticut Ex Parte Restraining Orders, Due Process, and Amending the Laws to Discourage Abuse of Process and Protect Victims of Domestic Violence.
Connecticut judicial branch statistics
Connecticut judicial branch statistics for restraining orders
CT Uniform Crime Reports: Publications & Statistics
U.S. Government’s open data
Here you will find data, tools, and resources to conduct research, develop web and mobile applications, design data visualizations, and more.
Restraining Orders Out of Control by Gregory A. Hession, J.D. 2008
Connecticut Law About Domestic Violence