At Allan F. Friedman Criminal Lawyer, we’ve helped clients in Stamford, Norwalk, Bridgeport, and throughout Connecticut navigate these high-stakes situations for over 30 years. This guide explains what you need to know, what mistakes to avoid, and how we can fight to protect your rights, your family, and your future.
What Is a Connecticut Protective Order?
A protective order is a criminal court order restricting your contact with another person—usually a spouse, partner, or co-parent—while a domestic violence case is pending. There are three main types:
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Full No-Contact Order: No contact of any kind with the protected person.
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Residential Stay-Away Order: You must stay away from their home—even if it’s yours.
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Partial/Limited Order: Limited contact allowed (often for co-parenting), but under strict conditions.
These orders are typically imposed in domestic violence cases, which can involve charges such as:
Impact on Shared Homes and Custody
1. Losing Access to Your Home
A residential stay-away or full no-contact order can force you out of your home immediately. Even if the property is solely in your name, the order controls until modified by the court. Violating it is a Class D felony.
2. Parenting Complications
If your children are listed on the order, you may be prohibited from seeing them. While the family court may later establish parenting rights, you must comply with the criminal court’s order first.
3. Financial Strain
Being forced out of your home often means paying for temporary housing, legal fees, and possibly support obligations—all while under scrutiny by the court.
Steps to Take Immediately
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Comply Fully: Do not contact the protected person directly or indirectly until the order is modified.
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Hire an Experienced Defense Lawyer: A lawyer can seek modification of the order for parenting time or access to the home.
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Document Everything: Keep records of all communications with your lawyer and any court-approved child exchanges.
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Prepare for Court: Conditions of release and orders can often be modified as your case progresses, but only through proper legal channels.
Modifying a Protective Order
Courts may modify protective orders upon motion by your attorney. Common modifications include:
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Allowing contact for child custody exchanges
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Permitting communication through a parenting app or a third party
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Changing from full no-contact to partial contact
Judges are more likely to grant modifications if you have no new arrests and your lawyer presents a clear plan to protect everyone involved.
What NOT to Do
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Do Not Violate the Order: Even one text message can lead to a new felony arrest.
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Do Not Assume Permission from the Protected Person: Only the court can change the order.
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Do Not Represent Yourself: Connecticut enforces mandatory arrest for violations—you need an attorney who knows the system.
Related Offenses and Options
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Violation of a Protective Order (C.G.S. § 53a-223) – Felony for any breach.
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Family Violence Education Program (FVEP): May lead to dismissal of the underlying domestic violence case and termination of the order.
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Custody & Visitation Issues: Often proceed in family court simultaneously—your lawyer can coordinate your defense strategy.
Why You Need a Lawyer
An experienced Connecticut criminal defense lawyer can:
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Seek modifications so you can see your children.
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Prevent missteps that lead to additional charges.
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Fight the underlying case to resolve the order permanently.
At Allan F. Friedman Criminal Lawyer, we’ve successfully defended clients across Fairfield County against protective orders and domestic violence charges. We know how to protect your rights and your family.
FAQs About Protective Orders and Shared Homes/Kids
1. Can I go home to get my belongings?
Only with court permission, usually via a one-time police escort.
2. Can the protected person invite me back?
No. Only the court can change the order.
3. What if my kids are listed on the order?
You must comply until modified. We can file a motion for parenting time.
4. How long does a protective order last?
Until the criminal case ends or the court terminates it.
5. Can I challenge the order at the first court date?
Yes, but judges usually impose them initially “to be safe.”
6. What happens if I violate the order?
You face a new felony charge, possible jail time, and stricter terms.
7. Will this affect my custody rights long-term?
It can. Criminal and family cases often intersect.
8. Is a protective order the same as a restraining order?
No. Protective orders come from criminal court; restraining orders are civil.
9. Can I contact my kids through a third party?
Only if the order specifically allows it.
10. How soon can my lawyer request a modification?
Immediately after the arraignment, once the order is in place.
Call an Experienced Connecticut Protective Order Defense Lawyer
If you’re facing a protective order in Connecticut and share a home or children with the protected party, you can’t afford mistakes.
Call Allan F. Friedman, Criminal Lawyer at (203) 357-5555 now or complete our secure contact form for immediate help. We’re available 24/7 to protect your rights, your family, and your future.