Understanding Connecticut Partial vs. Full Protective Orders

After a domestic violence arrest in Connecticut, one of the biggest sources of stress is the protective order. Clients often ask me: “Can I go home? Can I talk to my spouse? What exactly am I allowed to do?” The answer depends on which type of protective order the judge has issued. Because violating one can lead to felony charges, it’s critical to understand the differences.

This is the strictest order. You cannot have any contact with the protected party, no phone calls, texts, social media, or even messages through third parties. You also cannot return to the family home, not even to grab belongings, unless the court specifically allows it. Judges usually impose this order in cases involving serious violence or a pattern of abuse.

This order allows you to communicate with the other person, but you are prohibited from living at the same address. It often creates major disruption, especially when children or housing are involved. The court may permit a one-time police escort so you can collect essentials.

This is the least restrictive. You can live at home and have normal contact, but you must not harass, threaten, intimidate, or commit any further acts of violence. This is the order we usually aim for in lower-level cases or when there is no history of violence.

In theory, judges weigh the seriousness of the allegations, whether there were injuries or weapons involved, the defendant’s criminal history, the prosecutor’s request, and the alleged victim’s input.

In practice, though, the Family Relations officer is the most influential voice at arraignment. You’ll meet with them before you ever appear in front of the judge, and their recommendation usually drives the outcome. Judges rarely spend much time weighing evidence at this early stage — they almost always adopt whatever Family Relations recommends. The good news is that their assessments are often more balanced and positive than people expect.

That said, if you strongly disagree with the order imposed, Connecticut law allows you to request what’s known as a Fernando A. hearing. This is a special evidentiary hearing where the judge must review whether the protective order is actually justified based on the facts. At arraignment, you or your lawyer can request this hearing, though it usually happens a few weeks later. It’s one of the only ways to directly challenge the validity of a protective order right from the start.

Violating a protective order is not a small mistake — it is a felony.

• Basic violation (for example, showing up at a house when a stay-away is in place): Class D felony, up to 5 years in prison.
• Violation with assault or threats: Class C felony, up to 10 years in prison.
• Even “accidental” encounters — like bumping into the protected party in public — can result in an arrest if not handled correctly.

The burden is always on you to follow the order, no matter who initiates contact.

Outside of a Fernando A. hearing, the only way to change a protective order once it is in place is by filing a motion to modify. Over time, restrictions can often be lowered if you remain compliant with court conditions:

• Full no-contact → residential stay-away → partial order.
• Judges are more willing to reduce restrictions if you demonstrate good behavior and progress in the case.
• Once the case is resolved (dismissed, nolled, or completed through the Family Violence Education Program), the protective order usually terminates.

• Always keep a copy of your order with you so you know the exact terms.
• Don’t assume you can “work it out” privately with the protected person — even if they invite you home, the court order still controls.
• Let your lawyer handle modifications or hearing requests; don’t take risks on your own.

Protective orders affect more than just the criminal case. They can impact your home, your family, and even your job. Having a lawyer who understands the role of Family Relations, who knows when to request a Fernando A. hearing, and who can file the right motions to modify is critical. A single misstep could cost you your freedom — but with the right strategy, restrictions can often be lowered and eventually lifted.

No. Only the court can change or terminate a protective order. Even if the protected person wants contact, the order remains in place until a judge modifies it.

The court will usually allow a one-time police escort so you can return home briefly to collect personal items. Keep in mind, this is not an opportunity to move back in — the police will not wait around while you bring a moving truck. It’s meant to be a quick visit to grab essentials like clothes, medication, or a computer.

Yes, while active, protective orders show up in judicial records and can be seen by employers or agencies that conduct criminal history checks. Once the case is over and the order terminates, it is no longer reported as active.

You can still be arrested. The responsibility is always on you to obey the order, regardless of who initiates contact.

In most situations, yes. Once the underlying criminal case is dismissed, nolled, or resolved through the Family Violence Education Program, the order is lifted.

Yes. A protective order can impact custody, visitation, and even ongoing divorce proceedings. Family court judges take these orders seriously, so it’s important to have an attorney who can explain your side of the story.

A criminal protective order is issued automatically in connection with a domestic violence arrest. A civil restraining order is requested by one party in family court, even if no arrest has occurred.

Yes. If the case is still pending or if the court believes safety concerns remain, a judge can extend the order. This can sometimes last for the entire duration of the criminal case.

No. While the order is active, you must surrender or transfer any firearms or ammunition. Connecticut law is strict about gun possession during protective orders.

A Fernando A. hearing is a special evidentiary hearing to contest whether a protective order is truly necessary. Your lawyer can request it at arraignment, but it is usually scheduled for a later date. This can be an important tool if the order is unjustified or too restrictive.

If you’re facing a domestic violence arrest and you’re confused about your protective order, don’t take chances.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 for a free consultation, or contact me online here.