Resources For Monday’s Public Hearing

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 legislative@ccdl.us

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.

Background Information


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

Legislative Action Alert!

HB 5054 ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’
This bill, if it becomes law, would require individuals who have been served with an ‘Ex Parte Temporary Restraining Order’ to surrender any and all firearms prior to a hearing before a judge. Firearms would be required to be surrendered within 24 hours of an individual being served with such an order.This is a bill that is similar to the one that gun owners defeated last year.

Please contact members of the Joint Committee on Judiciary and your State Legislators and ask them to oppose HB 5054.

Points to make:

  • This bill will violate ‘Due Process’ without the opportunity for a hearing prior to the forced surrender of firearms.
  • This bill violates the 2nd Amendment and CT State Constitution.
  • This bill would impose criminal penalties and fines if the 24 hour window is not met.
  • This bill has no provision for the return of legally registered “Assault Weapons” or “Large Capacity Magazines” (as now defined by state statutes). Once surrendered they may not be transferred back.
  • Firearms that are transferred to a FFL may require the recipient of an Ex Parte TRO to pay hefty transfer fees.
  • Nearly half of all Ex Parte Restraining Orders in 2014 were vacated and did not get ordered by a judge to become a Full Restraining Order.
  • Often claims of feeling threatened by an individual are false claims by a spouse or partner seeking to gain an advantage over custody or control of property.
  • There are several laws already on the books (Sec.29-38c and Sec.46b-38b) that allow seizure of firearms while addressing some of the above concerns. Opponents of those laws claim some people are afraid to involve police, but police and marshals must still be involved if this bill passes.