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Connecticut General Statutes § 53a-223a – Violation of a Criminal Protective Order

What Is a Violation of a Criminal Protective Order?

A criminal protective order is issued by a Connecticut court to protect an alleged victim, often in cases involving domestic violence, assault, stalking, or harassment. C.G.S. § 53a-223a makes it a crime to violate the terms of such an order in any way.

A violation can be as simple as sending a text message, making a phone call, or showing up at a prohibited location—even if the protected person initiates contact or there is no violence involved. Police and prosecutors treat protective order violations with zero tolerance, and an arrest almost always follows an alleged breach.

If you are charged with violating a protective order, you are facing a serious felony with severe consequences for your freedom, record, and future.

Statutory Definition of C.G.S. § 53a-223a

A person violates C.G.S. § 53a-223a when they:

  • Are subject to a valid criminal protective order issued by a Connecticut court, and
  • Knowingly violate any of its terms, including:
    • Contacting the protected person (in person, by phone, text, email, or social media),
    • Going to prohibited locations such as their home, workplace, or school,
    • Threatening, harassing, or intimidating the protected person,
    • Engaging in any prohibited behavior outlined in the order.
Types of Protective Orders

In Connecticut, there are several types of protective orders you may encounter in a criminal case:

  • Full No-Contact Orders: No communication of any kind with the protected person.
  • Residential Stay-Away Orders: No contact and no entry into the protected person’s residence.
  • Partial/Full Orders with Exceptions: Allow limited contact for certain purposes (such as child visitation) but prohibit threats, intimidation, or harassment.

Understanding the exact terms of your order is critical—violations, even accidental ones, can result in felony charges.

Examples of Protective Order Violations
  • Sending a “just checking in” text to a protected person when the order bans all contact.
  • Driving by the protected person’s house or workplace, even without direct contact.
  • Having a third party deliver messages or gifts to the protected person.
  • Posting about the protected person on social media in a harassing or threatening manner.
Penalties for Violation of a Criminal Protective Order

Violation of a criminal protective order under C.G.S. § 53a-223a is a Class D felony, carrying:

  • Up to 5 years in prison
  • Fines up to $5,000
  • Up to 3 years of probation
Collateral Consequences
  • Permanent Felony Record: A conviction for violating a protective order is considered a violent felony and will show up on all background checks.
  • Enhanced Future Penalties: Future arrests in domestic cases can result in harsher treatment by courts.
  • Immigration Consequences: Non-citizens may face deportation or denial of re-entry.
  • Family Impact: Loss of custody or visitation rights in family court proceedings.
Related Offenses
  • Violation of a Standing Criminal Restraining Order (C.G.S. § 53a-223b): Applies to long-term orders after a conviction.
  • Violation of a Civil Restraining or Protection Order (C.G.S. § 53a-223c): Applies to civil/family court orders.
  • Stalking (C.G.S. §§ 53a-181c, 53a-181d, 53a-181e): Often charged alongside order violations.
  • Harassment (C.G.S. § 53a-183): Common companion charge based on unwanted contact.
Defending Against a Protective Order Violation

Being charged does not mean you are guilty. Effective defense strategies include:

  • Lack of Knowledge: Showing you were not properly informed of the order’s terms.
  • No Intentional Violation: Proving the contact was accidental or unavoidable.
  • False Accusations: Demonstrating that the alleged violation was fabricated or exaggerated by the complainant.
  • Insufficient Evidence: Challenging the prosecution’s ability to prove a willful violation beyond a reasonable doubt.
  • Constitutional Defenses: Contesting unlawful search, seizure, or evidence collection procedures.
Diversionary Programs and Alternative Resolutions

While a felony violation is serious, some individuals may still be eligible for favorable outcomes:

  • Negotiated Reductions: Skilled counsel can sometimes reduce a felony violation to a misdemeanor such as breach of peace.
  • Family Violence Education Program (FVEP): Only available is good cause is shown
  • Compliance-Based Resolutions: Demonstrating strict compliance with subsequent orders and engaging in counseling can strengthen negotiations for a non-felony outcome.
Why Hire Allan F. Friedman, Criminal Lawyer?

Facing a protective order violation without experienced representation is risky. At Allan F. Friedman, Criminal Lawyer, we offer:

  • Over 30 years of experience defending clients in protective order and domestic violence cases throughout Connecticut.
  • Detailed understanding of local courts in Stamford, Norwalk, Bridgeport, and beyond.
  • A proven track record of reducing charges, securing dismissals, and winning at trial.

We understand the high stakes—your freedom, family, and future—and we fight relentlessly to protect them.

Frequently Asked Questions About Protective Order Violations
1. Can I be charged if the protected person contacted me first?
Yes. You are legally required to comply with the order’s terms regardless of who initiates contact. Only the court can modify or lift the order.

2. What if I accidentally ran into the protected person in public?
Unintentional contact may not constitute a violation, but you must leave immediately. Failure to do so can result in arrest.

3. Are all violations prosecuted as felonies?
Most are charged as Class D felonies, but certain violations involving violence or repeated breaches can lead to enhanced charges.

4. Can I get the order modified or removed?
Yes, but only through a formal court motion—never by mutual agreement with the protected person.

5. What should I do if I’ve been accused of violating a protective order?
Do not attempt to explain yourself to police or contact the protected person. Call an experienced criminal defense attorney immediately.

Call Allan F. Friedman, Criminal Lawyer

If you have been charged with violation of a criminal protective order under C.G.S. § 53a-223a, your freedom and reputation are on the line. Do not face this alone.

Call (203) 357-5555 today for a free, confidential consultation. We are available 24/7 to defend your rights and protect your future.

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This man literally saved my life! I had a criminal mischief and domestic charge along with a protective order put on me. Atty Friedman successfully got me into the required needed to have these charges dropped. Then came the felony protective order violation...Long story short I walked out of court today with all my charges nolled. Anonymous