The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Civil Protection Order Appellate Court Opinion

by Roy, Christopher


AC39227 - Sabrina C. v. Fortin ("The defendant, Lucas Fortin, in his appeal and first amended appeal, appeals from the judgment of the trial court denying his motion to vacate or modify a civil protection order that had been granted to the plaintiff, Sabrina C., and from the court’s award of attorney’s fees to the plaintiff after the court denied his second amended motion for reargument. In the defendant’s second amended appeal, he appeals from the ruling of the court granting the plaintiff’s motion for a one year extension of the civil protection order. The defendant claims that the court improperly (1) denied his motion to vacate or modify the civil protection order on erroneous factual and legal grounds, (2) changed the basis for its denial in a subsequently issued articulation, (3) awarded the plaintiff attorney’s fees under the bad-faith exception to the American rule without setting forth an adequate factual basis, and (4) granted the plaintiff’s motion for a one year extension of the civil protection order without any evidence to support a finding that her need for protection still existed. We agree with the defendant’s third and fourth claims, and, accordingly, we remand the matter to the trial court with direction to vacate the award of attorney’s fees and to vacate the order extending the civil protection order to November 24, 2017.")