A Guide to Protective Orders in CT
Protective orders are an important part of the Connecticut criminal justice system. They are a tool that is used in certain situations by prosecutors and judges to protect the alleged victims of domestic violence or other criminal conduct. Most commonly, they are used in domestic violence cases or cases involving threats/assaults.
In a civil context, a protective order is commonly referred to as a "civil protection order" or "CPO". Protective orders are civil orders in Connecticut and are governed by Conn. Gen. Stat. 46b-15. Family violence is defined by statute as "a continuous threat of physical pain, harassment, coercion, or intimidation of another person." The inclusion of terms like "harassment", "coercion" and "intimidation" along with the phrase "continuous threat of physical pain" means that the definition of family violence in Connecticut is very broad.
Connecticut General Statute 46b-15 provides as follows with respect to the issuance of a protective order, also called a restraining order or CPO:
Sec. 46b-15. Family relations matters; restraining or committing certain persons or property; contempt of court.
(a)(1) For purposes of this section, "party seeking relief" means any person alleging the commission against such person of a family violence crime as defined in section 46b-38a.
(2) Whenever any person alleges to the Superior Court that such person (A) is the victim of a family violence crime as defined in section 46b-38a, and (B) is in danger of physical harm, such person may seek, and the court may grant, a restraining order as provided in this section .
(b)(1) If the court finds probable cause that such person seeking relief is in danger of physical harm as provided in subdivision (2) of subsection (a) of this section, the court may issue a restraining order that may include, but need not be limited to, provisions that (A) prohibit the respondent from subjecting the applicant to a family violence crime, as defined in section 46b-38a, (B) grant the applicant possession of specified personal property, (C) grant temporary custody of minor children, (D) grant visitation rights with minor children, (E) require the respondent to move out of the family home, (F) prohibit the respondent from entering the family home, (G) prohibit the respondent from entering the same specified place or places the court may order for good cause shown, (H) prohibit the respondent from communicating with, or making contact with, the applicant or other persons as set forth in the restraining order, (I) allow the applicant to arrange for the payment of joint household bills, (J) prohibit the respondent from entering the residence of the applicant or other persons specified in the restraining order, whether such residence is a private residence or a dwelling unit in a multiunit housing complex, or (K) prohibit the respondent from being present at the residence, school or place of employment of the applicant or of other persons specified in the restraining order, provided the court may issue a second order and, if it does so, the first order shall become void and of no effect on the date that the second order becomes effective, unless the second order is issued after the first order.
(2) The court may include in its order the use of a mobile phone tracking device by the applicant on the respondent as provided in section 54-36g. The provisions of this section shall not prevent the court from ordering other relief and from making any ancillary orders the court deems necessary. For the purposes of this subsection, "mobile phone tracking device" means a device that is capable of tracking the location of a person through a mobile phone.
(c) The court may issue the restraining order pursuant to this section on the basis of a finding of probable cause that the facts stated in the application for relief are likely to have occurred.
CT’s Different Types of Protective Orders
In Connecticut, there are three types of protective orders that a judge can issue: civil restraining order, criminal protective order, and long-term restraining order. A restraining order is a type of protection order designed to prevent an individual from being subjected to the harassing and abusive behaviors of another individual: A restraining order only protects a person who can prove that an ongoing pattern of inappropriate and abusive behavior exists from another person. Under the law, there must also be intent on the part of the aggressor to cause harm or abuse to the other person. In order to get a restraining order, the victim must be able to prove that they are a family or household member of the aggressor, or that the aggressive party: In some cases, a permanent restraining order may be granted to victims to permanently prevent their aggressors from contacting, communicating with, or visiting them. Criminal protective orders are slightly different in that they not only protect individuals from harassment, but also sexual assault, stalking, or molestation. Criminal protective orders are issued by judges in criminal court, while restraining orders are issued by family court judges, and civil protection orders are civil restraining orders granted by civil court judges. Criminal protective orders can be temporary or permanent. While judges can also enact permanent protection orders, these orders are sometimes done after a conviction in a criminal trial. Permanent criminal protective orders grant the same protections as temporary orders, and may only be lifted by another order of a judge or upon the conviction of the accused.
Who Can Obtain a Protective Order
In order to obtain an order of protection in Connecticut specific eligibility requirements must be met. In Connecticut, an order of protection can only be obtained if the petitioner (complainant) has an existing relationship with the respondent (defendant). A complainant may receive a protective order if he or she is: (1) the spouse of the respondent; (2) a person who has been the subject of physical, emotional, or sexual abuse by the respondent and is either (a) is parent of a child shared with the respondent or (b) has had a prior dating relationship with the respondent; (3) a person related by blood to the respondent; or (4) a current or former household member of the respondent.
A protective order must be filed where the respondent resides. If the respondent no longer lives in the state but if is a jurisdiction which grants long arm jurisdiction, otherwise known as minimum contacts (long arm jurisdiction allows a plaintiff to sue a defendant in a state even if the defendant does not reside in the state, so long as the defendant has minimum contacts with the forum state. The U.S. Supreme Court has established three sets of criteria for determining whether a court has sufficient minimum contacts to exercise personal jurisdiction over a defendant: 1) the burden on the defendant, 2) the interests of the forum state, and 3) the plaintiff’s interest in obtaining convenient and effective relief. Also considered are the interstate judicial system’s interest in obtaining the most efficient resolution of the controversy, and the shared interest of the several states in furthering fundamental substantive social policies, and" and (4) whether or not [the exercise of jurisdiction] is fair and reasonable").
The Conditions of CT Protective Orders
A protective order or a restraining order in Connecticut can be extremely restrictive upon the defendant. Protective orders sometimes contain what is known as a no-contact provision. No contact provisions essentially prevent the defendant from having any direct or indirect contact with the victim, whether that victim is the plaintiff in the case or a third party.
Stay away provisions are also common in Connecticut protective order cases. A stay away provision requires the defendant to keep a certain distance away from the plaintiff (or third party) or their home or workplace.
More specific conditions may also be sought. These may include, for example, that the defendant be required to attend domestic violence classes , substance abuse counseling or anger management. Some courts in Connecticut will impose such requirements. However, many courts are reluctant to take that step and require the defendant to comply with programs in addition to the scope of the protective order itself.
Additional conditions, such as the defendant vacating the premises, financial assistance for the plaintiff in terms of keeping the utilities on at the home, possession of the family dog, guns, passports and other common items can also be added to a protective order.
Several of these provisions may be added by a judge if, as commonly occurs, the defendant consents to the entry of the order without finding of abuse and agrees on the record to the terms and conditions of the restraining order.
The Penalties for Breaking a Protective Order
A violation of a CT protective order may result in various consequences, depending on the nature of the violation. This may range from the issuance of another protective order to a criminal arrest for an alleged violation.
Criminal Penalties
The most prevalent Scenario of protective order conditions and enforcement is the criminal context, however, these orders are also utilized in civil situations. When a protective order is violated in the criminal context, a judge can hold a defendant in contempt of court. This means that the judge retains the defendant’s bond or money, which was secured at the time the protective order was issued. The money or bond is held until the defendant complies with the order, or until the conditions of release expire. A criminal contempt can also result in the revocation of the defendant’s bond.
A violation can also lead to new criminal charges. In CT General Statutes §53a-223 (3), it is stated: "A RESISTING ORDERS OF THE COURT: At the time the protective order is issued, the court should inform the respondent that a violation of the order is a Class D felony punishable by a term of imprisonment of up to five years." A Class D felony, according to Connecticut General Statues §53a-35, is punishable by a term of imprisonment not exceeding five years. A Class D felony is an "A" felony for purposes of sentencing only, therefore, the defendant will be sentenced under the provisions of CGS §53a-36. There are mandatory minimum sentences for Class D felonies:
In addition, there is a fine of up to $5,000.00.
There is also a fine of up to $5,000.00.
Arrest Without a Warrant
If a court believes that there has been a physical breach, or violation of the order, it may issue an arrest warrant. A CT peace officer may arrest the alleged "breaching" party without a warrant if he/she has probable cause to believe that a violation occurred. If the arrest were to take place, it typically occurs on a weekend or after hours. The police department would notify the CSP at the time of the arrest and the if the Criminal Defense Attorney is not available, the Court would appoint an attorney to represent the accused’s interest. The accused makes an initial appearance in Court within 24 hours of the arrest. At this time, the State normally asks for a bond and therefore the accused could be remanded into custody for the duration of the Court case.
Connecticut Protective Order violations are inherently serious accusations, but if there’s been a misunderstanding then your attorney can help to step-in to protect your rights.
How to Change or Vacate a Protective Order
In order to modify or terminate an existing Protective Order, your attorney can file either a motion for modification or a motion to terminate. In a motion to modify, your attorney will ask the court to amend the Protective Order to remove a specific condition. A motion to terminate seeks to have a Protective Order voided completely. In order to modify or terminate a Protective Order, the responding party must show why it should be modified or terminated. This showing has to be made by a preponderance of evidence, meaning more likely than not. In making a determination whether to modify or terminate the Protective Order, the court will consider if the victim still needs protection, how long the protective order has been in place, and whether there have been violations of the Protective Order and/or the underlying offense .
For example, let’s say the victim calls the police and on the phone says I want the Order lifted today (he’s called the police on Monday, when the case is scheduled for Wednesday). Or, perhaps the victim later says she doesn’t recall calling the police that day. This might affect the police determination whether the protective order should still be in effect because the victim wishes that it be lifted. The court can also rely upon the written police report, but if it is filed by a police officer who is not on duty when the alleged violation occurs, the Court will disregard it. This is because the police issued report is not admissible evidence because the officer has no direct knowledge of what he or she saw or heard.