Connecticut Protective Order Lawyer
A criminal protective order, as opposed to a civil restraining order, can be granted to a victim by a criminal court if a family or household member has been arrested for abusing them. Protective orders typically only last through the duration of a domestic violence case.
Restraining orders are issued in civil matters only, which can extend beyond the duration of the criminal case and protect other family members as well. The following information exclusively describes Connecticut protective orders, in the context of criminal cases and how a Connecticut protective order lawyer can help.
Connecticut Protective Order Laws
Rules and procedures for protective orders in the State of Connecticut are governed by Section 46b-38c of the Connecticut General Statutes (C.G.S.). The law states that a court may issue a protective order in a criminal case to “protect the victim from threats, harassment, injury, or intimidation by the defendant,” including, but not limited to, the following behaviors:
- Restraining the person or liberty of the victim
- Threatening, harassing or assaulting the victim in any manner
- Entering the household of the victim
Under C.G.S. § 53a-233b, violation of a criminal protective order constitutes a Class D felony and can result in imprisonment for up to five years and/or a fine of up to $5,000, making it important a protective order lawyer in Connecticut is contacted.
Types of Protective Orders
There are three main types of protective orders in Connecticut, each ranging in degree of severity. The most restrictive protective order is known as a “full no contact” order, which prohibits any type of communication with the victim whatsoever, with absolutely no exceptions.
Protective orders known as “Full” or “Residential Stay-Away” orders are slightly less restrictive, and only prevent defendants from entering the alleged victim’s place of residence. Contact is still allowed elsewhere, as long as it is not in the victim’s home.
The last type of protective order is called a “limited” or “partial” protective order, which allows contact of non-intimidating and non-threatening nature between the defendant and the alleged victim. All three types of criminal protection orders only stay in effect throughout the duration of the case and can be better explained by a protective order lawyer in Connecticut.
Standing Criminal Protective Orders
In some severe criminal cases, a court may be able to issue a standing criminal protective order, which allows the protective order to extend beyond the duration of the criminal case. Standing criminal protective orders are outlined in C.G.S. § 53a-40e, and impose the same prohibitions on contact with the victim as ordinary protective orders do, but can last for up to 50 years.
A court may decide to issue a standing criminal protective order for either of the following reasons:
- A person is convicted in for violating a criminal protective order; or
- If the “history and character and nature and circumstances of criminal conduct” indicates that a standing criminal protective order would best serve the interests of the victim and the public
Violation of a standing criminal protective order carries the same penalty as a violation of an ordinary protective or restraining order – up to five years’ imprisonment and/or a $5,000 fine.
How to Get Help
Protective orders should not be taken lightly. If you are facing a Connecticut arrest for violation of a criminal protective order in Connecticut, it is important that you seek the assistance of an experienced Connecticut protective order attorney to help protect your rights.