Types of Restraining Orders in Connecticut

Courts issue restraining orders (also known as “protective orders”) to protect people from harassment or other abusive conduct. Connecticut recognizes three types of restraining orders that courts can issue for various reasons.

Having a protective order or restraining order taken out against you does not always mean you will have a criminal record. However, a protective order can limit your freedom and prevent you from going to certain places or interacting with certain people.

Regardless of the type of restraining order that was issued, it is wise to follow its terms. In some circumstances, an attorney can intervene to have the order revoked or its terms modified. Failure to follow the terms of a restraining order can lead to criminal charges.

If a restraining order or protective order was issued against you and you believe the order is unjust or its terms are unfair, The Lebedevitch Law Firm, LLC, can help. We can evaluate the terms of the order and the circumstances under which it was issued and work with the judge to seek less restrictive terms. If the order was issued as part of a criminal case, Attorney Stephen Lebedevitch can work to have the case dismissed.

The Lebedevitch Law Firm represents people in Fairfield and New Haven counties. Founding attorney Stephen Lebedevitch has been in practice since 2011 and has earned a reputation as a fierce and tenacious attorney who knows how to get results. To put our experience to work for you, contact us today to schedule an appointment to discuss your situation and how we can help.

Three Types of Restraining Orders in Connecticut

There are three different types of restraining orders available under Connecticut law.

1. A Civil Restraining Order / Relief from Abuse is available in family court.
2. A Civil Protection Order is issued by a civil court but outside the family context.
3. A Criminal Protective Order can be issued in a criminal case.

Regardless of the type of order issued, violating a protective order is a Class D felony, punishable by up to five years in prison.

Civil Restraining Order / Relief from Abuse

A Civil Restraining Order or Relief From Abuse Order is issued by a Connecticut family court judge to prevent physical abuse, stalking, or a pattern of threatening conduct by a family or household member. Under the law, a “family or household member” includes any of the following:

• Spouses or people in a civil union
• Former spouses who had a civil union
• People related by blood or marriage
• People not related by blood or marriage who cohabitate (live together) as intimate partners
• People with a child in common, regardless of whether they were ever married or cohabitated
• People who have or recently had a dating relationship

When issuing a Civil Restraining Order or Relief from Abuse Order, the family court can include financial support measures when the petitioner and respondent are married or have dependent children in common.

Civil Protection Order

A Civil Protection Order is issued to protect victims of stalking, sexual abuse, or sexual assault who are not eligible for a Civil Restraining Order. Civil Protection Orders are issued by the Superior Court and can be put in place regardless of whether an arrest was made.

The relationship between the parties is the key difference between a Civil Restraining Order and a Civil Protection Order. A Civil Protection Order is available when the petitioner and respondent do not fall into one of the categories of a Civil Restraining Order. Unlike a Civil Restraining Order, the court cannot issue financial support orders in conjunction with a Civil Protection Order.

Criminal Protective Order

A Criminal Protective Order is only available through a criminal court. These orders are often issued in cases of stalking or if the alleged victim was involved in the abuse that led to the defendant’s arrest. A Criminal Protective Order typically remains in place through the end of the criminal case. A person can still seek a Civil Restraining Order or a Civil Protection Order even if a Criminal Protective Order is in place.

What are the Penalties for Violating a Restraining Order?

Violating a Civil Restraining Order or a Civil Protection Order is a class D felony, punishable by up to five years in prison and a $5,000 fine. If the violation of the Order involved: (1) restraining the liberty of someone in violation of the order or (2) threatening, harassing, assaulting, molesting, sexually assaulting, or attacking someone in violation of the order, the violation can be charged as a class C felony punishable by 1 to 10 years and a fine up to $10,000.

A person can also be charged with first-degree criminal trespass for entering or remaining in a building or any other premises, without permission or privilege to do so, in violation of a civil restraining order. First-degree criminal trespass is a class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.

What Should I Do if a Court Issued a Restraining Order Against Me?

If a court issued a Restraining Order or Protective Order against you, you should contact an attorney immediately. The Lebedevitch Law Firm can evaluate your situation, and, in many cases, ask the judge to modify the terms of the order to make it as minimally restrictive as possible. In some cases, we can challenge the basis for the order.

Read the order carefully. If you received a restraining order, the person requesting may have done so without the assistance of a lawyer. In these cases, it may be easier to defeat the request.

You should also be aware that, if a court issued a restraining order, you could be under investigation for criminal activity. Contact us as soon as possible. We can act quickly to begin preparing a defense and minimize the risk of exposure to criminal charges.

Contact The Lebedevitch Law Firm Today

Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can help.

The Lebedevitch Law Firm represents people in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.