What Is Violation Of A Protective Order In Connecticut?
One of the most common arrests seen by Connecticut criminal attorneys are Connecticut General Statute (“CGS”) § 53a-223 criminal violation of protective order cases. While some violations of protective orders are serious violations, we often see defendants prosecuted for very minor violations that caused no harm to the protected party. Under CGS § 53a-223, a criminal violation of a protective order occurs any time a person has a protective order issued against them and they violate the order. This extremely broad language means that a wide range of behavior can result in an arrest—even something as innocent as a text message.
Does Following On Facebook, Instagram or Social Media Violate A Restraining Order?
Yes. Unfortunately, even a technical violation such as following a protected party on social media can be construed as a violation of a no-contact criminal protective order. What’s worse is that even accidental contact, such as liking someone’s photo online, can result in an arrest. Click here to read more about the types of protective orders in Connecticut, and what actions can constitute violations under these orders.
What If My Violation of Protective Order Was Accidental?
Even accidental contact can result in a criminal violation of protective order arrest in Connecticut. Any contact—from sending a mass email or text message—can result in the violation of a no-contact protective order and can lead to a felony arrest, making it important to fully understand any order issued against you.
Can A Person Violate Their Own Protective Order?
No. Connecticut orders are extremely one-sided. No protected party is subject to criminal liability if they continue to make contact with a defendant in a case despite a no-contact order. Unfortunately, we often see CGS § 53a-223 arrests when a victim in a case reaches out to a defendant, and the defendant takes the bait. Contact a criminal attorney to learn how you can modify your Connecticut protective order to allow contact before speaking to a protected party, even if the protected party is the party initiating contact.
What Is The Penalty For Violation Of A Protective Order?
Under CGS § 53a-223, any criminal violation of a protective order is a class D felony that is punishable by up to 5 years in prison, a $5,000 fine and up to 3 years of probation. Under Connecticut law, a criminal violation of a protective order becomes a class C felony any time the violation involves imposing any restraint on the protected party or threatening, harassing, assaulting, molesting, sexually assaulting or attacking a person. Anyone charged with a class C felony violation of a protective order faces up to 10 years in prison, a $10,000 fine and up to 3 years probation. Contact an experienced violation of protective order attorney to make sure you were not overcharged with a class C felony at the time of your arrest.
Call an Experienced Connecticut Violation Of Protective Order Attorney Today
If you’ve had a protective order issued against you, or have been arrested for violating a protective order, contact an experienced Connecticut criminal attorney today to learn how you can defend yourself against these felony liability. The attorneys at Mark Sherman Law are available to discuss your case with you 24/7 at (203) 358-4700. Click here to read certified reviews from prior clients.
