Can a Criminal Protective Order Be Modified in Connecticut?
Criminal protective orders are often issued quickly after a domestic violence arrest and with little explanation given to the defendant. For many, the restrictions feel overwhelming, especially when there is an immediate affect on where they live, who they can speak to, where they can go, and whether they can see their children.
A commonly asked question is- can a protective order be modified?
The short answer is yes- but only under certain circumstances and only by a judge.
What Is a Criminal Protective Order?
In Connecticut, criminal protective orders are issued in every domestic violence case. These cases usually involve violence between family or household members, stalking or harassment charges, or threatening and assault allegations.
Protective orders can include some of the following:
No contact with the protected person
Stay-away order from the protected person’s home or workplace
Restricted communication
Once issued, a protective order is effective immediately and stays in effect, even if the protected party doesn’t want one.
Can a Criminal Protective Order Be Modified?
Yes, a criminal protective order can be modified, but:
Only a judge can change it
The protected person cannot drop or alter the order themselves
Only the defendant can request a modification, not the protected party
Any change must be made through the court, not between the parties
Even if both parties agree to contact, the order remains in effect until a modification is requested and granted.
Common Reasons to Request a Modification
Courts may consider a modification when:
The order is preventing the defendant from returning home
The order is significantly affecting the defendant’s finances and/or ability to work
Children are involved and communication is necessary
Time has passed with no violations
The protected person is in fully agreement with a modification
The defendant has been fully cooperative with treatment recommendations and family services
Each case is very fact-specific and the judge may consider the allegations, the relationship between the parties, prior domestic violence, changes in circumstances, and current treatment and cooperation with family services.
How Is a Protective Order Modified?
A request to modify a protective order typically involves:
Filing a motion for modification with the court
Scheduling a hearing
Both attorneys speaking to the judge about their positions on a modification
The judge deciding whether the modify or alter the order, or deny the modification and leave the current protective order as it is
Modification may include:
Changing a full no-contact order to limited contact
Allowing contact for child-related matters and coparenting
Removing stay-away provisions from a shared residence
What Happens If You Violate a Protective Order
Violating a criminal protective order is a separate criminal offense in Connecticut and can result in:
New charges
Arrest
Higher bond
More restrictive conditions
Good intentions do not excuse violations. A violation of a protective order often cannot be mitigated by circumstances.
Important Things to Know
A protective order remains in place until the case ends or the court modifies it.
Saying the “protected party contacted me first” is not a defense.
Communication through third parties can still violate the order.
Texts, calls, social media messages, and in-person contact are all considered communication.
Contact an attorney today to discuss your protective order and how to seek a modification.
