How Long Does a Criminal Protective Order Last in Connecticut?

Understanding Criminal Protective Orders in Connecticut

When an individual is arrested for a domestic violence offense or certain violent crimes in Connecticut, the court's immediate priority is the safety of the alleged victim. At the very first court appearance, known as the arraignment, a judge at the local Superior Court will automatically consider issuing a protective order under Conn. Gen. Stat. § 46b-38c(e) for family violence offenses or under Conn. Gen. Stat. § 54-1k for crimes such as stalking, harassment, or sexual assault. These orders mandate specific boundaries, ranging from "no contact" to simply requiring the defendant to refrain from threatening or harassing the victim. It is crucial to understand that a criminal protective order is distinct from a civil restraining order, as it is initiated by the state prosecutor and the judge, not just the victim. Violations of pretrial protective orders are prosecuted as felonies under Conn. Gen. Stat. § 53a-223. If you need representation to navigate these strict legal boundaries, you can locate an experienced attorney through our US Lawyer Directory.

Step-by-Step Timelines for Protective Orders

Whether your case is being heard in Waterbury, Danbury, or Hartford, the lifecycle of a criminal protective order is directly tied to the underlying criminal proceedings. The timeline is divided into distinct phases.

Pretrial vs. Sentencing Timelines

When first issued at arraignment under Conn. Gen. Stat. § 46b-38c(e) or Conn. Gen. Stat. § 54-1k, the protective order is considered temporary. This temporary order remains in full effect throughout the entire pretrial phase. If the case is delayed for six months, the order lasts for six months. If the defendant enters a diversionary program like the Family Violence Education Program, the protective order typically stays in place until the program is successfully completed and the charges are dismissed. If the case results in an acquittal or dismissal, the temporary protective order immediately expires.

Lifetime Standing Criminal Protective Orders

If the defendant is convicted or pleads guilty to certain crimes, the situation changes drastically. Under Conn. Gen. Stat. § 53a-40e, a judge can issue a Standing Criminal Protective Order at the time of sentencing. Violating this post-conviction order is charged as a separate felony under Conn. Gen. Stat. § 53a-223a. Unlike temporary pretrial orders, a standing order does not automatically expire when the defendant's probation or prison sentence ends. In fact, a judge has the authority to make a standing criminal protective order last for the duration of the defendant's natural life, depending on the severity of the offense and the ongoing risk to the victim.

Can a Victim Request an Early Termination?

Many people mistakenly believe that the victim can simply "drop" the protective order. In Connecticut, the order belongs to the court, and only a judge can modify or terminate it. However, the protected person can contact the Connecticut Judicial Branch Office of Victim Services, Wethersfield or the local prosecutor to express their wishes. If a victim wants the order lifted so they can reunite with the defendant, the court will typically schedule a hearing. The judge will review reports from Family Relations counselors and the state's attorney before making a decision, prioritizing safety above all else.

How Much Does it Cost in Connecticut?

There is no cost to the victim for the state to issue a criminal protective order. However, navigating the criminal justice system involves financial obligations for the defendant:

Under Conn. Gen. Stat. § 53a-223, violating a protective order is classified as a Class D felony carrying fines up to $5,000. However, if the violation involves restraint, threatening, harassment, assault, or sexual assault, the offense escalates under Conn. Gen. Stat. § 53a-223(c) to a Class C felony, subjecting the defendant to fines up to $10,000 under Conn. Gen. Stat. § 53a-41 and up to 10 years in prison.

How Long Does the Process Take?

The issuance of the initial temporary order happens within 24 to 48 hours of the arrest. The duration of that temporary order usually spans three months to over a year, depending on how quickly the criminal trial or plea agreement is concluded. If a defendant wishes to request a modification of the order (for example, to retrieve belongings from a shared home), their attorney can file a motion, and a hearing is typically scheduled within two to four weeks.

Frequently Asked Questions (FAQ)