Rome Clifford Katz & Koerner Partner Alan Rome recently won a ruling requiring the court to dismiss an ex-parte temporary restraining order filed and granted against a client.
After a relationship ended this past summer between a Connecticut woman and Attorney Rome’s client – a woman living out of state – the Connecticut woman filed a complaint with police and was told to seek a restraining order.
The Connecticut woman then filed a Relief from Abuse affidavit in New Britain Superior Court, which was granted ex parte by a judge Aug. 17, triggering a marshal to serve a temporary restraining order on Attorney Rome’s client.
In the affidavit seeking that restraining order, the Connecticut woman had alleged Attorney Rome’s client was engaging in conduct that intimidated and frightened her.
This allegedly included threatening phone calls and a smear campaign to discredit her with co-workers and raise doubts about her fitness to be a parent, according to the Relief from Abuse affidavit, which also contained the line, “I am in danger and she won’t stop until I have lost everything or am dead.”
The Connecticut woman’s allegations in the affidavit referenced Jennifer’s Law, which took effect in 2021 and added “coercive control” to the definition of domestic violence in Connecticut statues. According to Sec. 46b-1, coercive control “is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.”
The August 17 temporary restraining order expired Aug. 31, setting up the New Britain Superior Court hearing in which Attorney Rome presented a vigorous and detailed defense challenging and successfully “diminishing and eliminating” the allegations made against his client.
With all parties and counsel present, New Britain Superior Court Judge Linda Allard issued an August 31 decision finding that “the applicant has not met the burden of proof necessary to grant a temporary restraining order pursuant to Connecticut General Statutes §46b-15, [and] therefore this case is denied on the merits after a hearing.” The restraining order was immediately dismissed.
“In our system of justice allegations are just that – claims that may or may not be true, or simply don’t meet the legal test of actionable wrongdoing, no matter how an aggrieved party feels about a situation,” Attorney Rome said. “In this emotional and stressful case for our client, we were able to rebut and debunk the alleged claims being made and proved in the courtroom at the hearing that our client had not acted in any manner that would support an argument for a restraining order.”
About Attorney Rome
Partner Alan J. Rome has been practicing law since 1989. His extensive litigation practice focuses on Personal Injury and extends to Family Law, Divorce Litigation, Criminal Law and Workers’ Compensation matters.
Among other notable cases and outcomes, he is known for his jury verdict of $770,357 in a lawsuit against West Hartford for failing to maintain sidewalks in safe condition.
About RCKK Law
Rome, Clifford Katz & Koerner is a Hartford-based law firm whose attorneys collectively have more than 100 years of experience in a wide variety of legal areas. Whether you are dealing with a motor vehicle accident, a Workers’ Compensation injury, a Family Law matter, or a business concern, our skilled lawyers will aggressively advocate on your behalf. We represent individuals and businesses in Connecticut and throughout the New England states.