Do I Need to Leave My Home After a Domestic Violence Arrest in Connecticut?
If you’ve been arrested for a domestic violence-related offense in Connecticut, one of the first questions you probably have is:
“Am I going to be forced to leave my home?”
In many cases, the answer is yes, at least temporarily. But the full picture depends on what happens in the first 24–48 hours after your arrest.
What Happens Immediately After An Arrest?
Connecticut has a mandatory arrest policy for family violence cases. Once an arrest is made, the police don’t decide what happens next, the court does.
You’ll typically be:
Taken into custody (or given a summons in some cases)
Held until arraignment (usually the next business day)
Given a protective order at your first court appearance
The Protective Order Is What Forces You To Leave
Whether you have to leave your home depends on the type of criminal protective order issued at arraignment.
Full (No Contact) Protective Order
You cannot return home
You cannot contact the alleged victim at all
This often applies if the court believes there’s a risk of harm
If this is issued, you will need to stay somewhere else immediately.
Residential Stay Away Order
You cannot return home
You may contact the alleged victim and meet in person, just not at the person’s residence or workplace
You cannot threaten, harass, or intimidate
Partial Protective Order
You may be allowed to return home
But you cannot threaten, harass, or intimidate
In some cases, the court still orders one party to stay away from the residence
Standing Criminal Protective Order (less common early on in the case)
Typically issued later in a case, not at the first court date
What If My Name Is on the Lease or I Own the Home?
This factor does not matter, unfortunately. Even if you own the home, your name is on the lease, or you pay all of the bills, a protective order can still legally force you to leave. Violating that order, even by returning home briefly, can result in new criminal charges.
How Long Do I Have to Stay Away?
This depends on:
The type of protective order
Whether the case is ongoing
Whether your attorney can get the order modified
Some people are able to return home quickly. Others may be out of the home for weeks or months.
Can the Order Be Changed?
Yes, but no automatically.
An experienced defense attorney can:
Request a modification of the protective order
Present evidence that you can safely return home
Argue for a downgrade (for example, from full to partial)
Courts will consider:
Prior history
The facts of the incident
The position of the alleged victim
Safety concerns
Important: Do NOT Violate the Order
Even if:
The alleged victim invites you back
You just want to grab clothes
You believe the situation was misunderstood
Do not return home unless the court allows it.
Violating a protective order in Connecticut is a separate criminal offense and can make your situation much worse.
What Next?
If you’ve been arrested for a domestic violence-related charge, the steps you take immediately matter.
Understand exactly what your protective order allows and prohibits
Make arrangements for housing if necessary
Speak with a defense attorney as early as possible
The sooner you act, the better your chances of:
Getting back into your home
Protecting your record
Resolving the case efficiently
