Violating a Restraining Order in Greenwich, Connecticut: Know the Legal Consequences

Suppose your partner makes a complaint of physical abuse before the court of law in Connecticut. Then, the court asks you to avoid any form of physical or verbal communication with the protected.

In this case, the order issued by the court is a protection or restraining order to stop any form of abuse or domestic violence. 

So, restraining orders are court orders directing an individual to avoid contacting or communicating with another individual. 

While the court can issue restraining orders in different scenarios, it applies most often in cases of domestic violence where the perpetrator is barred from contacting the victim or victims. 

Like other court orders, violating a restraining order in Connecticut constitutes contempt of court and can result in severe criminal penalties. 

Hi, in today’s blog, we will explore what can happen when a restraining order is violated. 

When is a Person Charged with the Charge of Violating a Restraining Order?

A restraining or protective order is issued against a person when they are involved in a domestic violence case. 

Usually, the court issues three types of restraining or protective orders in such cases. 

1. Partial Protective Order:

The partial protective order asks a person to stop assaulting, harassing, or threatening the protected individual. 

However, here, the person can still be in contact with the protected person. The court even allows them to stay together. 

2. Residential Stay-Away Order

In this restraining order, the court allows a person involved in the case to be in contact with the protected person. However, they cannot visit the home of the protected person. 

3. No-Contact Order

In a no-contract order, the person cannot make any type of contact with the protected person. 

They must stop making any form of verbal, written, electronic, or physical contact with the protected person. 

Furthermore, the person cannot even make any contact with the protected person via a third party.

A protective or restraining order from a court is a civil order. So, there will not be a criminal record against you, and there will be no jury trial. 

According to the law of Connecticut, an accuser or a person seeking protection can get a temporary or ex-parte restraining order or a permanent restraining order. 

Further, temporary restraining orders are given without any notice to the abuser or their presence in the court. In such cases, the court believes that the accuser is under an immediate threat of violation. 

In a permanent restraining order, a court hearing is involved. Once the order is issued, it will be valid for one year or for an extended period. 

However, irrespective of the type, violating a restraining order will be a criminal offense, and that will add to your charges of sexual assault or domestic violence. 

Violating a Restraining Order: What Can Happen to a Violator? 

The court can only know of a violation if the victim reports it. If the defendant doesn’t report the violation to the police, the court may not intervene. 

If they do report, the police will make an arrest. However, there has to be evidence to show that the person violated the restraining order. 

“While restraining orders often apply to civil cases, such as cases involving domestic violence, their violations attract criminal penalties as they count as contempt of court,” says attorney Mark Sherman. 

Generally, an arrest for a restraining order violation results in a class D felony charge attracting penalties of up to five years in prison and fines of up to $5,000. 

However, the penalties can vary in severity depending on the circumstances of your case. 

In Connecticut, a person violating a restraining order usually receives a class D felony. However, if the severity of the case is greater, a person can have a class C felony charge. 

Class D Felony	Up to 5 years of imprisonment in state prison and a fine of $5000
Class C Felony	1-10 years of imprisonment and a fine of $10,000

However, the consequences of violating a restraining order in Connecticut are more far-fetched. For example, a violator will never have permission to own a firearm in the state. 

Moreover, the felony charges will impact your chances of getting a job, finding a house, or keeping custody of your kids. 

Defenses for Violating a Restraining Order

Facing a violation of restraining order charges doesn’t result in an automatic conviction. The defendant must have their day in court to put up their defense. 

Prove That the Violation Never Happened 

The most common defense in a protective order violation is to claim it never happened.

It is not uncommon to have victims of domestic violence fake a restraining order violation as a way of getting back to the victims. 

However, as mentioned earlier, they have to provide evidence to the contrary. If there is insufficient evidence to prove the violation, the defendant can claim it never happened.

Prove the Violation is Not in Compliance with Federal Law

Another possible defense is non-compliance with federal law. Some state courts have jurisdiction over restraining order violations for orders issued in other states. 

However, the court can only convict a defendant if the restraining order complies with federal law. If a defendant can successfully make a non-compliance case, they can avoid a conviction.

In some cases, the defendant could have accidentally contacted the complainant. If the complainant then calls the police on them, the defendant can use accidental contact as their defense. 

Do I Need a Lawyer for Violating a Restraining Order?

While violating a restraining order attracts criminal penalties, the cases fall under the civil cases category. 

As such, you don’t have the entitlement to get a public defender, as with criminal charges. This leaves you with two options: self-representation or hiring a lawyer.

Courts take contempt very seriously, so if you think of self-representation, you have to contend that your chances of getting a conviction will be pretty high. 

You need to engage a lawyer to improve your chances of avoiding a conviction. 

The consequences of a restraining order violation extend beyond time served and fines paid. 

A conviction leaves a permanent record that will affect outcomes in future cases and can be a major stumbling block in other aspects of life. 

Read More:

• How to Obtain a Restraining Order: A Detailed Step-by-Step Guide
• What Proof Do You Need for a Restraining Order?