Domestic-Violence-new-Photo-300x200-300x200 Protective orders are one of the most important tools in Connecticut’s legal system to address domestic violence and family disputes. They are designed to protect alleged victims from harm, but they also carry serious implications for those subject to them. Violating a protective order can lead to severe criminal penalties, including felony charges under C.G.S. § 53a-223.

This guide provides a comprehensive overview of protective orders in Connecticut—covering what they are, how they are issued, the different types, how to seek modifications or terminations, and why legal representation is essential.

What Is a Protective Order?

A protective order is a court order that limits or prohibits contact between one person (the respondent) and another (the protected party) in situations involving allegations of domestic violence, harassment, or threats.

In Connecticut, protective orders are typically issued by criminal courts following an arrest for a family violence offense. Unlike civil restraining orders, which are sought by individuals in family court, criminal protective orders are initiated by the state.

Protective orders carry the full weight of the law. Violating one—even unintentionally—can result in felony charges, as outlined in C.G.S. § 53a-223 (criminal protective orders), C.G.S. § 53a-223a (civil restraining orders), and C.G.S. § 53a-223b (standing criminal protective orders).

When Are Protective Orders Issued?

Protective orders are commonly issued at arraignment immediately following an arrest for:

Domestic violence;
Assault involving a family or household member;
Threatening, harassment, or stalking;
Sexual assault or risk of injury to a minor.

The goal is to provide immediate protection to the alleged victim while the case is pending. Judges consider:

The severity of the alleged incident;
The defendant’s criminal history;
Any ongoing threat to the victim.

Types of Protective Orders in Connecticut

Connecticut courts recognize three primary levels of criminal protective orders, each imposing different restrictions:

1. Full No-Contact Orders

The most restrictive order, prohibiting all forms of contact:

No in-person contact;
No phone calls, texts, or emails;
No contact through social media or third parties;
No presence in shared locations with the victim.

Even an accidental encounter must be handled properly—by leaving immediately—or you risk arrest.

2. Residential Stay-Away Orders

These orders allow communication but require you to stay away from:

The protected person’s home;
Their workplace;
Schools, daycare centers, or other specified locations.

These are often used when the parties must interact but living together or physical proximity is considered unsafe.

3. Partial / “Peaceful Contact” Orders

The least restrictive order, allowing contact—including cohabitation—while prohibiting:

Threats;
Harassment;
Intimidation;
Violence of any kind.

Partial contact orders are common in cases involving shared parenting responsibilities, but violations of the “peaceful” requirement can still result in felony charges.

Criminal Protective Orders vs. Civil Restraining Orders

It’s important to distinguish criminal protective orders from civil restraining orders:

Criminal Protective Orders are issued in criminal cases by a judge at arraignment following a family violence arrest.
Civil Restraining Orders are issued by a family court based on a sworn affidavit from a person claiming to be in immediate danger. These can be obtained without an arrest.
Standing Criminal Protective Orders are long-term orders issued at sentencing in serious cases and can last for years, sometimes indefinitely.

Each type of order carries its own penalties for violation:

C.G.S. § 53a-223: Violation of a criminal protective order;
C.G.S. § 53a-223a: Violation of a civil restraining order;
C.G.S. § 53a-223b: Violation of a standing criminal protective order.

Conditions Commonly Imposed in Protective Orders

Protective orders can include a wide range of conditions beyond no-contact provisions:

Prohibiting possession of firearms or dangerous weapons;
Mandating GPS monitoring;
Restricting access to children;
Requiring counseling or substance abuse treatment.

Failing to comply with any condition, no matter how minor it seems, can result in arrest and prosecution.

Modifying a Protective Order

Life circumstances change, and the terms of a protective order may become impractical or unnecessarily restrictive. Only the court can modify a protective order.

How to Request a Modification:

File a Motion: Your attorney files a motion to modify the order, explaining the reasons for the request (e.g., the need for contact to arrange childcare).
Provide Supporting Evidence: Demonstrating compliance with the current order, lack of ongoing risk, or mutual agreement can strengthen your case.
Attend a Hearing: The court will schedule a hearing where both sides can present arguments. The judge decides whether to modify the order.

Judges are more likely to grant modifications when:

The defendant has complied with the order without incident;
The protected party supports the modification;
There is a legitimate need for the change (employment, parenting, medical reasons).

Terminating a Protective Order

Once a case concludes, the protective order typically expires, but:

Standing Criminal Protective Orders can continue long after sentencing.
To terminate such an order, your attorney must file a motion and demonstrate that the circumstances justifying the order no longer exist.

Courts consider:

The seriousness of the original offense;
The defendant’s compliance record;
The wishes of the protected party;
Any ongoing risk factors.

Consequences of Violating a Protective Order

Violations are taken extremely seriously in Connecticut:

Class D Felony: For non-violent violations (C.G.S. § 53a-223).
Class C Felony: For violations involving violence, threats, or restraint (C.G.S. § 53a-223).

Penalties include:

Up to 5 years in prison (Class D) or 10 years in prison (Class C);
Fines up to $5,000 (Class D) or $10,000 (Class C);
Loss of firearms rights, employment difficulties, and family law repercussions.

Defenses in Protective Order Cases

Defending against allegations of violation or seeking modifications requires experienced counsel. Common defense strategies include:

Demonstrating accidental or incidental contact;
Proving no actual violation occurred (misinterpretation of order terms);
Challenging insufficient evidence or unreliable testimony;
Filing for entry into the Family Violence Education Program (FVEP) for first-time offenders to avoid a conviction.

The Role of the Family Violence Education Program (FVEP)

The FVEP (C.G.S. § 46b-38c) is a critical option for many defendants:

Purpose: Educates participants about family violence, aims to prevent future incidents, and allows for case dismissal upon completion.
Process: Involves attending counseling sessions over several months.
Eligibility: No prior domestic violence convictions and no previous use of the program.
Outcome: Successful completion results in dismissal of charges and no criminal record.

Judges and prosecutors are more inclined to approve FVEP for defendants who have demonstrated respect for court orders and a willingness to engage in rehabilitation.

Why Legal Representation Matters

Protective orders affect every aspect of your life—from where you live to whether you can see your children. They are complex, nuanced, and strictly enforced. Whether you are seeking to:

Understand the terms of an order,
Modify or terminate an order,
Or defend against allegations of violation,

You need an experienced Connecticut criminal defense lawyer. A knowledgeable attorney can:

Explain the order’s terms to prevent accidental violations;
File and argue motions for modification or termination;
Defend yourself vigorously if accused of a violation;
Seek FVEP or other alternatives to protect your future.

Frequently Asked Questions (FAQ)

1. What statute covers protective order violations in Connecticut?
C.G.S. § 53a-223 for criminal protective orders, § 53a-223a for civil restraining orders, and § 53a-223b for standing criminal protective orders.

2. How long do protective orders last?
Until the underlying case is resolved, unless extended. Standing orders can last years.

3. Can I contact the protected person if they say it’s okay?
No. Only the court can change the order.

4. How do I modify a protective order?
Through a motion filed by your attorney and a subsequent court hearing.

5. What if I accidentally violate the order?
You can still be arrested. Document your actions and contact your lawyer immediately.

6. Does compliance help my case?
Absolutely. Judges are more willing to grant modifications or diversion when you’ve fully complied.

7. What is FVEP?
The Family Violence Education Program—a diversionary program that can result in dismissal of your charges upon completion.

8. Can I terminate a standing criminal protective order?
Yes, but only by convincing the court that the order is no longer necessary.

9. What happens if I violate the order?
You face felony charges with significant penalties, including prison time.

10. Why should I hire a lawyer?
Protective orders are complex and violations are unforgiving. A lawyer protects your rights and future.

Protect Your Rights Today

Protective orders are powerful legal tools, but they can also have profound consequences on your freedom, family, and reputation. Whether you need to understand, modify, or defend against a protective order in Connecticut, you should not face this process alone.

Contact Allan F. Friedman Criminal Lawyer today for a confidential consultation. We have decades of experience handling protective order matters throughout Connecticut and will fight to protect your rights every step of the way.