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

ALERT! Public Hearing On Gun Bills

ALERT! Public Hearing On Gun Bills
NOTICE OF PUBLIC HEARINGS ON MONDAY, MARCH 14, 2016 AT 10:30 A.M ____________________________________________________________

The Judiciary Committee of the Connecticut General Assembly (CGA) will hold a public hearing on Monday, March 14, 2016 at 10:30 A.M. in room 2C of the Legislative Office Building (LOB), located at 300 Capitol Ave, Hartford.
These are important bills. We need as many members as possible to show up.  You can be certain those who want to take away your rights will be there in force.
IF YOU ARE UNABLE TO ATTEND YOU MAY STILL SUBMIT WRITTEN TESTIMONY. *

Public speaking order will be determined by a lottery system. Lottery numbers will be drawn from 8:30 A.M. to 10:00 A.M. in room 2500 of the LOB. Speakers arriving after the completion of the lottery will have their names placed at the end of the speaker list.

Please submit 50 copies of written testimony to Committee staff no later than 10:00 A.M. in Room 2500 of the LOB. Written testimony submitted by a person which exceeds five (5) single-sided pages per bill will only be posted on the Judiciary Committee’s website at the discretion of the Judiciary Committee chairs. Testimony received after the designated time may not be distributed until after the hearing. Please email written testimony in Word or PDF format to JUDtestimony@cga.ct.gov. Testimony should clearly state testifier name and related bill numbers. Testimony is limited to matters related to the items on the agenda.

The first hour of the hearing is reserved for legislators, constitutional officers, state agency heads and chief elected municipal officials. Speakers will be limited to three minutes of testimony. The committee encourages witnesses to submit a written statement and to condense oral testimony to a summary of that statement. All public hearing testimony, written and spoken, is public information. As such, it may be made available on the Judiciary Committee’s website and indexed by internet search engines.

* IF YOU ARE UNABLE TO ATTEND YOU MAY STILL SUBMIT WRITTEN TESTIMONY. Please email written testimony in Word or PDF format to JUDtestimony@cga.ct.gov by 10:00 A.M. on Monday March, 14 2016.

If you have any questions email Ray Bevis, CCDL Legislative Coordinator at legislative@ccdl.us

BILLS BEING HEARD

Oppose  H.B. No. 5054 ‘AN ACT PROTECTING VICTIMS OF DOMESTIC VIOLENCE’
To seize Firearms, Ammunition, and Permits on all ex parte restraining orders.

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Neutral  H.B. No. 5597 ‘AN ACT PROTECTING DOMESTIC VIOLENCE VICTIMS SEEKING RESTRAINING ORDERS’
To protect domestic violence victims through use of the risk warrant process set forth in section 29-38c of the general statutes.
*CCDL acknowledges this bill is an improvement over HB5054. However, the underlying statute that THIS act would trigger (29-38c) itself does not provide for adequate due process.

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Oppose  H.B. No. 5622 ‘AN ACT CONCERNING THE AVAILABILITY OF ERASED RECORDS IN DETERMINING WHETHER A PERSON IS A SUITABLE PERSON TO CARRY A PISTOL OR REVOLVER’
To allow chiefs of police, selectmen, wardens and the Board of Firearms Permit Examiners access to erased records for the purpose of determining a person’s suitability to carry a pistol or revolver.

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Oppose H.B. No. 5623 ‘AN ACT CONCERNING VIOLENCE AGAINST WOMEN AND VICTIMS OF HUMAN TRAFFICKING’
To increase protections for victims of domestic violence, human trafficking and sexual assault.

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Oppose  S.B. No. 429 ‘AN ACT CONCERNING SERVICE OF RESTRAINING ORDERS’
To provide an applicant for a restraining order with the option of selecting either a police officer or a proper officer to serve such order.

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Oppose  S.B. No. 442 ‘AN ACT CONCERNING A VICTIM’S RIGHT TO BE REASONABLY PROTECTED FROM A PERSON ACCUSED OF COMMITTING A CRIME’
To afford greater protections to crime victims.

HELPFUL LINKS:
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