L.H.-S. v. N.B.
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The Supreme Court upheld the decision of the trial court denying Plaintiff's application for a civil protection order, holding that Plaintiff's claims on appeal lacked merit.
At issue before the Supreme Court was the standard courts must apply to determine whether an applicant for a civil protection order has established the element of fear. On appeal from the denial of her application for a civil protection order Plaintiff argued, among other things, that the trial court improperly interpreted Conn. Gen. Stat. 46b-16a as creating a subjective-objective standard for establishing fear rather than a purely objective standard. The Supreme Court affirmed, holding (1) the trial court properly interpreted section 46b-16a; (2) none of the trial court's factual findings was clearly erroneous; and (3) section 46b-16a does not violate the equal protection clause of the Connecticut constitution.
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