Connecticut Criminal Lawyer Blog
Living under a protective order is stressful enough. Add in the fact that you’re still living under the same roof with the protected party, and it can feel like you’re walking on eggshells every single day. Clients tell me this all the time: they feel like they can’t breathe normally in their own home, constantly worried that any wrong move could lead to another arrest.
In Connecticut, protective orders are taken very seriously. Even if you and the protected party both want to live in the same house, the law imposes strict conditions. Violating those conditions — even by accident — can result in a felony charge.
The Three Types of Criminal Protective Orders in Connecticut
When someone is arrested in a domestic violence case, the judge will usually issue one of three types of protective orders:
Full No Contact Order
-
The most restrictive.
-
No calls, no texts, no social media, and no face-to-face contact of any kind.
-
If you lived together, you cannot return home while this order is in place.
Residential Stay-Away Order
-
Allows contact with the protected party, but you cannot go back to the family home.
-
You may see them in public or another location, but you must stay away from the residence completely.
Partial Protective Order
-
The least restrictive on paper.
-
Lets you return home and live with the protected party.
-
Comes with strict guardrails: no harassment, no threats, no assault, no intimidation, no stalking, and no interference.
-
This is where people often run into trouble. It feels like everything is back to normal, but if you get arrested again for any domestic violence or violent crime while under a partial order, you face enhanced felony penalties.
Violating a Protective Order in Connecticut: Penalties and Consequences
On paper, a partial protective order sounds like the best-case scenario because you can return home. But in reality, it can put you in the most dangerous legal position of all.
The original argument that led to the arrest hasn’t gone away. Tensions are still there. Now, every disagreement carries the weight of a felony. That’s because violating a protective order in Connecticut is always a felony offense.
-
A general violation of a protective order is a Class D felony, punishable by up to 5 years in jail.
-
A violation that involves violence, threats, harassment, or assault is a Class C felony, punishable by up to 10 years in jail.
That means something that might have been a minor misdemeanor fight before can suddenly escalate into a felony carrying years of prison time, just because the protective order is in place.
A Realistic Example: How Quickly Things Can Escalate
Imagine this: John is arrested after an argument with his wife. At the arraignment, the judge issues a protective order. John doesn’t want to be forced out of his house, so he requests a partial order that allows him to return home. The judge agrees.
At first, things are fine. John comes home, keeps his distance, and avoids fights. But one night, a disagreement about money gets heated. Voices are raised. His wife calls the police.
Because John is under a protective order, the police don’t treat it as just another domestic argument. They charge him with felony violation of a protective order. If they believe violence or threats occurred, he could now be facing up to 10 years in prison.
This is the trap of partial protective orders. They allow you to be back home, but at the cost of enormous legal risk.
Practical Survival Strategies
If you are living under the same roof with a protective order in place, you need to treat every day with caution:
-
Stay polite, calm, and avoid arguments at all costs.
-
Document interactions if permitted (text messages can help show your side later).
-
If tensions rise, leave the room or the house rather than risk a confrontation.
-
Never assume “it’s okay just this once.” Always follow the exact terms of the order.
Legal Options and Relief
The good news is that protective orders don’t last forever. In most cases, once the underlying criminal case is resolved, the protective order automatically ends.
It’s also important to understand that a partial protective order is the lowest level order the court can issue by law. If you are already under a partial order, the court cannot reduce it any further. While you can ask your lawyer to file motions to modify or clarify the terms of a protective order, the judge cannot lower it below partial.
Another crucial legal option: if you are charged with violating a protective order that falls under the Class D felony (the 5-year variant), you may be eligible for the Family Violence Education Program (FVEP). This diversionary program, if granted and successfully completed, can lead to the dismissal of the charge and leave you without a criminal record.
Not everyone qualifies — you generally can’t have used the program before, and the court has to agree you’re a good candidate. But it can be a lifesaver for first-time offenders.
That’s why it’s so important to have an experienced defense lawyer by your side. A lawyer can evaluate your eligibility for FVEP, fight for your admission into the program, and help you keep your record clean.
FAQs About Protective Orders in Connecticut
1. Can I still live in the same house if there’s a protective order?
Sometimes, yes. A partial order allows it, but it comes with serious risks.
2. What happens if the protected person says it’s okay to talk?
It doesn’t matter. If the order prohibits contact, you can be arrested even if they initiated it.
3. What’s the difference between a residential stay-away and a partial order?
A residential stay-away order allows you to have contact, but bars you from the family home. A partial order allows you to return home but with strict guardrails.
4. What if they start a fight — will I still get arrested?
Yes, police can still charge you if they believe you violated the order.
5. Can a protective order be changed once it’s issued?
Yes, but only to clarify or modify terms. A partial order cannot be lowered any further.
6. How long do protective orders usually last in Connecticut?
They generally last until the case is resolved, but judges set the terms.
7. What happens if I violate a protective order?
You’ll be charged with a felony — up to 5 years for a general violation, or up to 10 years if violence or threats are involved.
8. Is it possible to go back to normal life while the case is pending?
It’s very difficult. That’s why you need a lawyer to manage the risks.
9. Will a violation stay on my record?
Yes. Violations are felony convictions that stay on your record unless resolved through programs like FVEP.
10. How can a lawyer help me with a protective order?
An experienced lawyer can explain your restrictions, defend you against violations, fight for modifications, and explore diversionary programs like FVEP if you qualify.
Call to Action
If you’re living under a protective order and trying to share the same home, you already know how stressful and risky it can be. Don’t take chances with your freedom.
📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555, or contact me online today.
The sooner you get legal guidance, the better your chances of avoiding a felony record and moving forward with your life.
