You asked about laws regarding restraining and protective orders.

SUMMARY

Restraining and protective orders are court-issued orders typically issued to protect victims of family violence crimes from threatened or further harm. These orders may, among other things, prohibit the respondents from restraining, threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the victim, or entering the victim’s home. Restraining orders are generally effective for six months. Protective orders are a condition of bail or other release from incarceration.

Courts can issue orders in a number of different circumstances.

1. If a person is convicted of certain crimes, he can be subject to a standing criminal restraining order.

2. A family or household member that has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in a dating relationship can apply to the Superior Court for a restraining order.

3. Courts can issue protective orders when a person is arrested for (a) stalking or (b) 1^st or 2^nd degree harassment if the crime victim reasonably feared for his safety.

4. In family violence cases, the judge can, among other things, issue a protective order that is made a condition of the defendant’s bail or release.

The penalty for criminal violation of a restraining order, protective order, or standing criminal restraining order is a class D felony (PA 05-147).

In addition, if a person is released from prison on parole, the Board of Pardons and Paroles could place restrictions on him that are similar to those in a restraining or protective order as a condition of his release. If the court ordered the person to serve a term of probation after his release from prison, the court or probation officials could also place similar conditions on him.

STANDING CRIMINAL RESTRAINING ORDER

Courts issue these orders in certain criminal cases to protect crime victims from future harm. The orders may, among other things, prohibit the offender from restraining, threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the victim, or entering the victim's home. The criminal cases covered are:

1. 1^st and 2^nd degree assault;

2. 1^st and 2^nd degree assault of an aged, blind, disabled, pregnant, or mentally retarded person;

3. 2^nd degree assault with a firearm;

4. 2^nd degree assault with a firearm of an aged, blind, disabled, pregnant, or mentally retarded person;

5. 1^st, 2^nd, and 3^rd degree sexual assault;

6. aggravated 1^st degree sexual assault;

7. 3^rd degree sexual assault with a firearm;

8. sexual assault in a spousal or cohabitating relationship;

9. stalking;

10. criminal violation of a protective order; and

11. attempt or conspiracy to commit any of these crimes or murder (CGS § 53a-40e).

The court must find that (1) the victim is a member of the offender’s family or household member and (2) the order will best serve the victim and public’s interest given the history, character, nature, and circumstances of the crime. Standing criminal restraining orders are effective until the court modifies or revokes them (CGS § 53a-40e, as amended by PA 05-147).

RESTRAINING ORDERS

A family or household member that has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in a dating relationship can apply to the Superior Court for a restraining order (CGS § 46b-15).

The court can make appropriate orders to protect the applicant and dependant children or others, including temporary child custody or visitation rights. It can enjoin the person from imposing any restraint on the person or liberty of the applicant; threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the applicant; entering the family dwelling or the applicant’s dwelling. The court can issue an immediate ex parte order as appropriate if the applicant alleges immediate and present physical danger.

Orders are for up to six months and may be extended for additional time as the court finds necessary on the applicant’s motion.

The law contains procedural provisions including notice of the hearing and distributing copies of an order to certain law enforcement agencies (CGS § 46b-15).

PROTECTIVE ORDERS

Courts can issue protective orders whenever a person is arrested for stalking (CGS § 54-1k). Stalking involves the willful and repeated following or lying in wait for another person. The perpetrator must either intend to cause his target to fear for his physical safety or recklessly

cause this response (CGS §§ 53a-181c, -181d, and –181e). A court can also issue a protective order when someone is arrested for 1^st or 2^nd degree harassment if the crime victim reasonably feared for his safety (CGS § 54-1k, as amended by PA 05-147).

The protective order may include provisions necessary to protect the victim from threats, harassment, injury, or intimidation by the perpetrator, including but not limited to prohibiting him from (1) imposing any restraint on the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting, or sexually assaulting the victim; or (3) entering the victim’s dwelling. Violating such orders is a crime. It also violates a condition of the arrestee’s bail or release and may result in raising the amount of bail or revoking release.

Family Violence Cases

In family violence cases, the judge can, among other things, consider issuing a protective order to protect the parties. The protective order is made a condition of the defendant’s bail or release. Family violence is an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent harm between family or household members. Verbal abuse or argument is not family violence unless there is present danger and the likelihood that physical violence will occur (CGS §§ 46b-38a, -38c).

DEFINITION OF FAMILY OR HOUSEHOLD MEMBER

“Family or household members” are spouses, former spouses, parents and their children, people age 18 or older related by blood or marriage, people age 16 or older either living together or who have lived together, people who have a child together, and people in or formerly in a dating relationship (CGS § 46b-38a).

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