GLASTONBURY, CONNECTICUT · FAMILY LAW + FAMILY-VIOLENCE DEFENSE

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Violating a Protective or Restraining Order in Connecticut

This is the charge that turns a manageable case into a serious one, and it is usually not what the person intended.

SAFETY RESOURCES

If you are in immediate danger, call 911.

National Domestic Violence Hotline: 1-800-799-7233
CT Safe Connect: (888) 774-2900 — 24/7, by call, text, chat, or email

Four different statutes

Connecticut charges violations separately depending on which order was violated:

Order violatedStatute
Criminal protective orderC.G.S. §53a-223
Standing criminal protective orderC.G.S. §53a-223a
Restraining order (civil)C.G.S. §53a-223b
Civil protection orderC.G.S. §53a-223c

These carry felony exposure. A restraining order violation under §53a-223b is a class D felony, or a class C felony where the violation involves restraint, or threatening, harassing or assaulting the protected person.

Separately, violating conditions of release is charged under C.G.S. §§53a-222 and 53a-222a.

Why people violate orders without meaning to

Indirect contact counts. A message passed through a friend or relative. Asking someone to “just tell her” something.

Contact through children is still contact, unless the order expressly permits it for that purpose.

Social media counts. Commenting, tagging, liking, viewing a story in a way that notifies them, or messaging a shared account.

Returning for belongings. A residential order means the residence, including to collect your things. That is arranged through the court or through counsel.

Responding to them. This is the most common of all, and the most unfair-feeling.

The protected person cannot waive the order

This is the point that catches the most people, and it is worth stating plainly.

If the protected person contacts you, invites you over, or says the order does not matter to them — the order still binds you. It is a court order, not an agreement between two people. Only the court can change it.

Responding to an invitation from the protected person is a crime. People are charged with this regularly, and the fact that the other person initiated it is not a defence.

If circumstances have genuinely changed and both of you want the order modified, that goes through the court.

If you are accused of a violation

The questions are what the order actually said, whether what happened falls within it, and whether it was you. Orders are sometimes broader or narrower than people remember, allegations of contact are sometimes mistaken or fabricated, and in the middle of a contested custody case the incentive to report is not always neutral.

None of which changes the advice while an order is in force: follow it exactly, and route any change through the court.

TALK TO THE FIRM

Every case starts with a conversation.

Every case starts with a conversation about what you’re facing and what it would take to handle it.

2837-A Main Street, Glastonbury, CT 06033