What happens if I violate a protective order in Connecticut?

What Happens If I Violate a Protective Order in Connecticut?

Violating a protective order in Connecticut is a big deal that can land you in serious legal trouble. I know it might seem unfair if the protected person contacts you first or says it’s okay to talk. But the court issued that order for a reason, and you have to follow it no matter what. I’ll walk through what can happen if you break the rules so you stay out of trouble.

What is a Protective Order?

There are a few types of protective orders in CT:

• Criminal protective order – Issued after a domestic violence arrest to protect the victim during the case. Lasts until the case ends.
• Standing criminal protective order – Issued after a conviction in a domestic violence or stalking case. Can last many years.
• Civil restraining order – Issued by family court to protect abuse victims. Usually lasts 6 months to a year.

The orders tell you what contact, if any, you can have with the protected person. There are 3 levels:

1. No contact – Can’t contact them at all, directly or indirectly through others
2. Stay away – No physical contact but can call, email, etc.
3. Limited contact – Allows some contact but no abuse, threats, etc.

You have to follow the order exactly as the judge wrote it, even if the protected person contacts you first or says it’s okay. The order is court-ordered, not up to them. Any violation can lead to arrest and prosecution.

What Happens If You Violate It?

In CT, violating a protective order is a felony. It’s illegal under CGS 53a-223 for criminal orders or 53a-223b for civil orders. Penalties include:

• Up to 5 years in prison
• Up to $5,000 fine
• Harsher punishment if the violation involved abuse, threats, etc. (up to 10 years prison)

Even minor slip-ups count as violations – texting happy birthday, commenting on their social media, having a friend contact them about the kids. Anything that goes against the order terms.

And get this — the protected person can’t give you permission to break the order! Even if they text you first or say it’s fine, you could still be arrested. The order comes from the court, not them. Only a judge can change it.

Another thing – any violation means police can revoke your bail. So you may go straight to jail while your case continues. The judge can also raise your bail amount after a violation so you have to pay more to get out.

What If the Protected Person Contacts You?

Let’s say you have a no contact order. Then the protected person texts you about the kids or says they miss you. It may feel unfair to get in trouble when you didn’t initiate it. But the law doesn’t care who contacted who first. Any response from you is a violation.

I know it’s hard to ignore texts from someone you care about. But replying, even just once, puts you at risk for arrest and prosecution. The safest move is not responding at all and documenting their attempts to contact you.

Save their texts, emails, voicemails etc. Tell your lawyer right away without replying yourself. This evidence can help show you didn’t violate the order intentionally.

Can the Order Be Changed or Lifted?

If both you and the protected person want to modify the order, you can file a motion with the court. For example, to lift a no contact order or make it less restrictive. The judge will consider factors like:

• If there’s been abuse or threats since the order was issued
• If the protected person genuinely consents to changing it vs. feels pressured
• If any minor children are involved
• Recommendations from the prosecutor or victim advocate

The judge decides what’s in the best interests of the protected person and public safety. They won’t change the order unless circumstances have improved enough to warrant it. Never violate the existing order while waiting for a modification – that will hurt your case.

Getting Legal Help

If you’re struggling with a protective order, talk to a criminal defense lawyer right away. An experienced attorney can:

• Fully explain the order terms so you don’t violate it accidentally
• Get the order modified if you and the protected person agree
• Defend you if you’re charged with a violation
• Help negotiate a fair outcome that avoids jail time

Having a lawyer in your corner can really improve the situation. They know how to navigate the complex court process and protect your rights. It’s worth investing in good legal advice before you make a misstep.

Just remember – you need to follow the protective order exactly as it’s written. Any violation can lead to a new criminal charge against you. It doesn’t matter if the protected person initiates contact or says it’s okay. Only the judge can change the terms. So be patient, be smart, and let your lawyer handle getting the order lifted or modified.

I hope this gives you a better idea of how protective orders work. It’s an confusing system but knowing the rules will help you avoid trouble down the road. Stay strong and be careful out there!