Domestic-Violence-new-Photo-300x200-300x200 Domestic violence cases in Connecticut are treated with the utmost seriousness. The moment an arrest is made in a family violence case, the court will almost always issue a protective order to shield the alleged victim. While these orders are designed to ensure safety, they can also place significant restrictions on the accused—sometimes prohibiting all contact with a spouse, partner, or even their own children.

Violating a protective order is not just a minor technicality. It is a felony offense under Connecticut General Statutes § 53a-223 that can lead to prison, crippling fines, and long-term damage to your reputation, career, and family life. Understanding what these orders entail, how violations are charged, and what options you have for defense is critical.

The Three Levels of Protective Orders in Connecticut

Protective orders are not one-size-fits-all. Judges issue them based on the facts of each case, and in Connecticut, there are three main levels:

Full No-Contact Orders
These are the strictest. They prohibit any contact—direct or indirect—with the protected person. That means no phone calls, texts, emails, social media interactions, or messages sent through friends. Even if you bump into the person in public, you must immediately leave the area. Failure to do so can trigger an arrest for criminal violation of a protective order under C.G.S. § 53a-223.

Residential Stay-Away Orders
These allow limited contact but require you to stay away from the protected person’s home, workplace, or other designated locations. It is commonly used when the parties need to communicate, but the court deems it unsafe for them to share living space.

Partial or “Peaceful Contact” Orders
These are the least restrictive. They permit contact, including living together, but strictly prohibit threats, harassment, intimidation, or violence. Many couples request this order to maintain family life or co-parenting arrangements while still providing a layer of legal protection.

It’s important to note that only a judge can change or lift these orders. Even if the alleged victim initiates contact or says “it’s okay,” you remain legally bound by the order until the court modifies it.

What Counts as a Violation?

Violations are defined under Connecticut General Statutes § 53a-223, which makes it a felony for anyone who, “having knowledge of the terms of a protective order issued by the court, violates such order.”

Some violations are obvious: showing up at the protected person’s house, calling them repeatedly, or threatening them. But others are far more subtle:

Replying to a text they sent you when the order prohibits contact;
Liking a social media post that mentions them;
Remaining in the same restaurant when you unexpectedly see them.

Connecticut courts treat any breach—intentional or not—as a serious matter. Police typically arrest first and let the courts sort it out later. Under the state’s zero-tolerance policy for domestic violence, even a “technical” violation will likely result in charges.

Penalties for Violating a Protective Order

Under C.G.S. § 53a-223, a violation of a protective order is a felony. The level of the felony depends on the nature of the violation:

Class D Felony – Applies to most non-violent violations. Penalty: up to 5 years in prison and a $5,000 fine.
Class C Felony – Applies if the violation involves restraining the protected person’s liberty, threatening, harassing, assaulting, sexually assaulting, or molesting them. Penalty: up to 10 years in prison and a $10,000 fine.

There are similar statutes for other protective orders:

C.G.S. § 53a-223a – Criminal violation of a restraining order (family court order).
C.G.S. § 53a-223b – Criminal violation of a standing criminal protective order.

Beyond prison and fines, the collateral consequences are severe:

Firearm rights are permanently revoked upon a felony conviction.
Employment and licensing opportunities may vanish with a domestic violence felony record.
Child custody rights can be significantly impacted.
Immigration consequences can include deportation for non-citizens.

Defending Against a Protective Order Violation

While the stakes are high, there are valid defenses. Every case is unique, and an experienced defense attorney will scrutinize the evidence, challenge the prosecution’s case, and pursue alternatives where appropriate.

Accidental or Unintentional Contact
Sometimes a violation truly is unintentional. If you can demonstrate that you encountered the protected person by chance and took steps to comply immediately, that can be a strong defense.

No Actual Violation
Orders are often misunderstood. What appears to the police as a violation may not actually breach the specific terms of the order.

Entrapment or Victim-Initiated Contact
Though not a legal “excuse,” courts sometimes consider it when a protected person repeatedly initiates contact. This may help reduce charges or secure diversionary options.

Insufficient Evidence
Many violation cases hinge solely on the protected person’s word. Cross-examination and evidence review can expose inconsistencies or a lack of proof.

Diversionary Program – Family Violence Education Program (FVEP)
For first-time offenders charged with non-violent domestic violence offenses, the Family Violence Education Program (FVEP) provides a powerful alternative to a permanent criminal record.

Eligibility: No prior domestic violence convictions or prior use of FVEP.
Process: Attend 9–13 counseling sessions over several months.
Outcome: Successful completion results in dismissal of the charges and no criminal conviction.
Authority: Authorized under C.G.S. § 46b-38c.

Skilled attorneys know how to present a compelling case for admission to FVEP, often persuading prosecutors and judges to agree to this rehabilitative option.

Staying Compliant: Avoiding Future Problems

If you are under a protective order:

Read and understand every term of the order. Ignorance is not a defense.
Follow the order to the letter, even if the protected person initiates contact.
Keep records of compliance, including notes or witnesses, if you leave an area to avoid contact.
Seek a modification if the order interferes with work, parenting, or other critical needs—but only through your attorney and the court.

Compliance not only keeps you out of trouble but also shows the court you respect the law, which can be beneficial if you later seek modification or leniency.

Why You Need Legal Representation

Facing a violation of a protective order charge (C.G.S. § 53a-223) in Connecticut is daunting. The system is designed to act quickly and decisively in these cases, often assuming guilt until proven otherwise.

A seasoned criminal defense lawyer can:

Examine the state’s evidence and challenge weaknesses;
File motions to suppress inadmissible evidence;
Seek FVEP or other diversionary options;
Argue for modification or termination of the protective order;
Protect your rights, freedom, and future.

Frequently Asked Questions (FAQ)

1. What is the statute for violating a protective order in Connecticut?
C.G.S. § 53a-223. Violating a restraining order is C.G.S. § 53a-223a; violating a standing criminal protective order is C.G.S. § 53a-223b.

2. What are the penalties?
Class D felony (up to 5 years, $5,000 fine) or Class C felony (up to 10 years, $10,000 fine).

3. Does the victim have to press charges?
No. Police can and often will arrest based on evidence of a violation, regardless of the victim’s wishes.

4. What if the victim contacts me first?
Do not respond. You are still bound by the order.

5. Can the order be changed?
Yes, but only by the court, upon motion by your attorney.

6. Can I get the case dismissed?
Yes, if you successfully complete FVEP or the state fails to prove the case.

7. How long do these cases stay on my record?
Arrests appear immediately; convictions remain permanently unless expunged.

8. Is FVEP always granted?
No. Admission depends on your record, the facts of the case, and your attorney’s advocacy.

9. Can violating the order affect child custody?
Yes. Judges often view violations as evidence of risk to children.

10. Do I need a lawyer?
Absolutely. These are serious felonies with lasting consequences.

Protect Your Future Now

If you have been accused of violating a protective order in Connecticut, you cannot afford to take a chance. Call Allan F. Friedman Criminal Lawyer today at (203) 357-5555 for a confidential consultation. We have decades of experience defending clients charged under C.G.S. § 53a-223 and related statutes, and we fight tirelessly to protect your rights and your future.