Protective Orders in Connecticut Domestic Violence Cases
If you’ve just been arrested for a domestic violence-related offense in Connecticut, one of the most immediate and confusing consequences is the protective order that is issued.
A protective order is issued in every single domestic violence arrest in Connecticut- before you even go to court, if you’ve bonded out. Protective orders take effect immediately and violating one can result in a new arrest, new charges, and consequences for the original domestic violence case. This is true even if the protected person does not want a protective order or initiates contact with you that’s in violation of the order.
Unfortunately, many violations of protective orders that I’ve handled are a result of misunderstandings or mistakes made by someone that had no intention of violating the order. Before you even realize, you could be facing a felony charge for violation of a protective order- when it could’ve been easily prevented.
What Is a Protective Order?
A protective order is a court order issued in domestic violence cases. The protective order is temporarily issued by the arresting police department, until the arrested person has their first court date, at which point, the judge issues a protective order to stay in place while the case is pending.
Protective orders are meant to do some of all of the following:
Prevent further contact
Prevent individuals from living in the same household
Prevent further harassment or abuse
Maintain safety while a criminal case is pending
Protect the alleged victim in the case
These orders are issued by a judge and are not optional, regardless of personal wishes by the protected person or reconciliation by the individuals involved.
When Are Protective Orders Issued in Connecticut?
In Connecticut, protective orders are issued:
By the arresting police department, prior to the first court date (arraignment)
By the judge at the first court date
When children or minors were present during a domestic violence incident
Even if no injuries occurred
Even if the parties live in the same household
Even if the alleged victim does not want a protective order
Judges will generally err on the side of caution and will heavily rely on the alleged victim’s input on the protective order, if any.
Types of Protective Orders in Connecticut
Full No-Contact Protective Order
This is the most restrictive type of protective order. These orders are more likely when there are felony charges, injuries, threats with a weapon, children present, or allegations of repeated abuse, threatening, or stalking.
This typically prohibits:
Any contact with the protected party
Direct or indirect communication, including phone, Facetime, text, email, or social media
Responses to contact initiated by the protected party
Returning to the shared home or protected party’s workplace
Even accidental or brief contact or contact through a third party can be a violation.
Residential Stay-Away Protective Order
This order allows contact with the protected party, but prevents physical contact in certain ways.
This typically prohibits:
No return to the shared residence
Staying a certain distance away from the protected party’s home
Staying away from the protected party’s workplace or school
Contact outside the residence may still be restricted, and many attorneys will recommend that the contact with the protected party be limited.
Partial Protective Order
A partial or limited protective order is the least restrictive and often allows contact and communication in person and allows both parties to remain living together.
This typically prohibits:
Harassment
Threatening
Abuse
Stalking
The exact terms matter and violations still carry serious consequences. Many attorneys will recommend that contact with the protected party be written so there is proof and cannot be misconstrued. Even if communication is allowed under this order, giving the situation time and space and allowing a “cooling down” period is often recommended.
Common Mistakes That Are Overlooked
Protective orders are unintentionally violated all the time, in ways that are often overlooked, including:
Liking or responding to social media posts
Sending apology messages
Having a friend or third party pass along a message
Sending money through Venmo or other payment services (other than court ordered payment like alimony or child support)
Going to places where the protected party is known to be
Responding to a message or call from the protected party
Intention generally does not matter and is not considered in a violation of a protective order case, the proof of a violation, regardless of the reason is often enough.
What Happens If You Violate a Protective Order?
Violating a protective order in Connecticut is a separate criminal offense, and will result in a new arrest.
Consequences can include:
Immediate arrest
Additional criminal charges
Increased bond
Harsher conditions of release
Heightened level of protective order
Difficulty defending original domestic violence charges
Ineligibility for diversionary programs that can lead to dismissals
Can a Protective Order Be Changed or Removed?
Yes, but only by asking the Court by written motion and the judge granting a modification.
Protective orders can be:
Modified
Reduced
Increased
It should never be assumed that an order has been changed without a court ruling and a new issued protective order.
When asking for a modification or reduction, the judge often seeks input from the alleged victim, proof of a change or circumstance, proof of treatment, and proof of full compliance with the current order.
Early Legal Guidance Matters
Domestic violence cases and the protective orders that come along with them are taken very seriously and are uniquely confusing compared to other types of criminal cases.
Early guidance matters because protective orders can affect where you reside, your ability to see your children, employment, firearm possession, and more.
A criminal defense attorney can help you understand the exact terms of your order, help you avoid violations, advocate for modifications when appropriate, and protect your rights while the case is pending.
Contact Attorney Shouse today for a free consultation.
