WENDY V. v. LUIS SANTIAGO, SC 19502/19514

Judicial District of Hartford


      Domestic Violence; Restraining Orders; Whether § 46b-15 Requires that Trial Court Hold Hearing Before Ruling on Application for Relief From Abuse.  The plaintiff filed two applications for relief from abuse pursuant to General Statutes § 46b-15, alleging that the defendant had threatened her and her family members.  Section 46b-15 (b) provides that “[u]pon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order.”  The trial court denied both of the applications without holding a hearing, finding as to one of the applications that there was “[n]o showing for purposes of relief of any indication cited in [the plaintiff’s supporting] affidavit."  The plaintiff appeals, raising the issues of whether the trial court was required by § 46b-15 to hold a hearing before issuing decisions on her applications for relief from abuse and, if not, whether a hearing was nonetheless warranted here based on the allegations in the applications for relief from abuse.