Severity of Protective Order Violations in Connecticut
Connecticut domestic violence criminal lawyers and attorneys frequently see arrests for Violation a Criminal Protective Order under C.G.S. 53a-223 or Connecticut arrests for Violation of a Civil Restraining Order under C.G.S. 53a-223b. What many people don’t realize, however, is that getting arrested in Connecticut for a Violation of a Protective / Restraining Order is a felony, punishable by up to 5 years in jail. Even the most harmless, innocuous and technical violations of a Connecticut restraining order or Connecticut domestic violence court protective order can get you arrested for this crime. Hard to believe, but Connecticut police and prosecutors are enforcing heavy-handed zero tolerance polices and arresting family members for sending emails, text messages or Facebook messages about harmless things like birthdays or kids pickup times. And next thing you know…you are getting arrested in Connecticut for Violation of a Criminal Protective Order under CGS 53a-223 and wondering how you and your top Connecticut domestic violence law firm are going to be able to get this felony charge off your record quickly so you don’t lose your job and permanently damage your reputation.
Receiving a Protective Order
There are primarily two ways to get a protective order or restraining order in the Connecticut court system:
(1) by getting arrested for a domestic violence crime such as Disorderly Conduct, Assault in the Third Degree, Strangulation, or Breach of Peace Second Degree or
(2) by losing a civil restraining order hearing .
Notably, as of January 1, 2015, there is a third kind of civil restraining order now available in Connecticut to victims of stalking, sex assault and rape, even if there is not a family relationship between the parties. No matter what type of Connecticut restraining order it is, the order will remain in place for either a set period of time (for Connecticut family court and civil court restraining orders) or until a domestic violence judge terminates or modifies it (for criminal protective orders).
Understanding The Conditions of An Order
Whether you are fighting a Connecticut domestic violence protective order, a Connecticut family restraining order, or a Connecticut sex assault victim or stalking civil restraining order, each of these are identical in form. There are 3 types of protective / restraining orders in Connecticut:
(1) a Full No Contact order (which forbids any kind of physical, verbal or electronic contact),
(2) a Full / Residential Stay-Away order (allowing all forms of contact but preventing you from going to the home of the protected person), and
(3) a Partial or Limited Protective order (permitting contact and residence visitation, but prohibiting you from harassing, assaulting or threatening the protected person).
Once a restraining order is issued against you in a Connecticut Superior Court, it is immediately recorded with every Connecticut police department, and further made available to national law enforcement agencies. If you have a Connecticut restraining order against you, then you will be detained and questioned by border patrol and TSA when you are entering the country, and you will also be detained and questioned if you are pulled over by police for even the most minor traffic violations, as your Connecticut protective restraining order triggers a red flag every time any law enforcement agent runs a background check on you.Follow this link for more details on the conditions and consequences of Connecticut protective orders and restraining orders.
Building a Defense
Whether it’s an alleged technical violation or an alleged flagrant and violent violation, it’s important that you get in front of your Connecticut criminal case and make sure you’ve prepared the best defense to your Connecticut Protective Order violation arrest. So if you are arrested then be sure to gather as much information as you can from this website or call one of the experienced lawyers today. Our “two-attorney review guarantee” will ensure that at least two of our criminal lawyers will review each and every page of your case police reports and witness statements to make sure that no detail slips through the cracks and that you get the best representation possible. So call us today for a consultation at (203) 276-9443.