Background
M. C. applied for a civil protection order against J. E. under Connecticut General Statutes § 46b-16a. The Superior Court, Hon. John F. Kavanewsky, Jr., judge trial referee, granted the application on September 2, 2025.
J. E., proceeding without counsel, appealed. In an unchallenged articulation, the trial court found that J. E. had married M. C.’s daughter in March 2025, before M. C. filed the application.
The Court’s Holding
The Appellate Court reversed. Section 46b-16a permits a stalking victim to seek a civil protection order only if the person does not qualify for relief under § 46b-15.
Because M. C. was related to J. E. by marriage, M. C. qualified as a family or household member under § 46b-38a and therefore could seek relief under § 46b-15. That eligibility made M. C. ineligible for a § 46b-16a civil protection order.
Key Takeaways
- A person eligible to seek relief under § 46b-15 cannot obtain a civil protection order under § 46b-16a.
- Persons related by marriage are family or household members under § 46b-38a.
- The court remanded with directions to vacate the September 2, 2025 civil protection order.
Why It Matters
The decision enforces the statutory division between Connecticut’s domestic-violence restraining-order process and its civil-protection-order process. Eligibility under § 46b-15 is dispositive even when the applicant instead seeks relief under § 46b-16a.