Question
Read Connecticut General Statutes Section 46b-15 and the definitions of stalking and family/household member provided below. In Connecticut, the standard (rule) used by courts is
Read Connecticut General Statutes Section 46b-15 and the definitions of stalking and family/household member provided below. In Connecticut, the standard (rule) used by courts is that a party must prove that he or she has "been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening." Apply this standard to the following scenarios. You must give detail as to your conclusion using the language from the statute, definitions and also incorporate the facts. If it is unclear if the facts are sufficient for a successful restraining order, indicate whether more information is needed to make that determination and if so, what questions would you ask? (Or what do we need to know?) Sec. 46b-15. Relief from physical abuse, stalking or pattern of threatening by family or household member. (a) Any family or household member, as defined in section 46b38a, who has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening, including, but not limited to, a pattern of threatening, as described in section 53a-62, by another family or household member may make an application to the Superior Court for relief under this section. Annotation: The word "stalking" is to be construed according to its commonly approved usage, as opposed to the narrower definitions of stalking found in the Penal Code. Definition: "Family or household member" means any of the following persons, regardless of the age of such person: (A) Spouses or former spouses; (B) parents or their children; (C) persons related by blood or marriage; (D) persons other than those persons described in subparagraph Copyright 2022 Post University, All Rights Reserved (C) of this subdivision presently residing together or who have resided together; (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or who have recently been in, a dating relationship. A) The client comes to your office and complains that the father of her two-year-old child keeps texting her at all hours of the day, demanding that she schedule access time for him to see the child. She tells us that he moved out about a month earlier, and since then, he keeps demanding that she make the child available when it is convenient for him, so she ignores his "annoying" texts. He has not seen the child since he moved out. She explains that his behavior has escalated in the last week or so as she has seen him drive by the house and then text her that he knows she is home and there is no reason why she is not making the child available for him. She had indicated that before their breakup, they had been together approximately five years, and a few years ago, he had some issues with alcohol. The client would like you to assist her in applying for a restraining order because she fears what her "ex" will do she is not sure if he is drinking again, especially since he is now randomly driving by the house. B) The client comes to your office and complains that his cousin texted him yesterday that if the client doesn't stop seeing the cousin's ex-girlfriend, "things are going to get ugly." The client tells you that he called the police, and when the officer spoke with his cousin, he said he didn't mean it as a threat of bodily harm but rather that he would no longer be on friendly terms with either one of them. As a result, the officer said he could not arrest him on anything. After that, the client said that the cousin texted him later in the day and asked why he called the police, and now he was irate. This morning, the client's tires were slashed. C) The client comes to you and says that she wants a restraining order against her husband. She claims her husband will often corner her in a room and not let her pass until he is ready to let her. He asks her if she's uncomfortable when he is doing this, and she responds yes, but he doesn't move and seems to enjoy watching her become fearful. She further states that her husband recently lost his job, and he makes comments to her to get a job because he cannot support them and that she is lazy and sponges off of him all the time. They have been married for ten years, and he never was aggressive, but lately, she's noticed a change in him, and he also started drinking more than usual.
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