What a criminal protective order is
A criminal protective order is issued by a criminal court judge against a person charged with a crime, almost always after a family violence arrest, to protect the alleged victim while the case is open.
It is different from a civil restraining order, which a person applies for on their own in family court. This page is about the criminal protective order you face when you are arrested.
The three levels
Connecticut criminal protective orders come at three levels, and the judge chooses one at the arraignment. A partial or limited order tells you not to assault, threaten, harass, stalk, or follow the person, but lets you live at home and have contact. A residential stay-away order adds that you cannot enter the home or wherever the person lives, even if it is your home and your name is on the lease. A full no-contact order bars all contact, direct or indirect: no calls, texts, email, social media, and no messages passed through friends or family.
Under a full order, the other person contacting you first is not a defense; the order runs against you.
How the order is decided
Before your arraignment a Family Relations officer interviews both people separately and gives the judge a recommendation based on a risk assessment. The judge usually follows it. The alleged victim can ask the court for a particular level, but the decision is the judge's, and the state, not the victim, controls whether the order stays in place.
The arraignment page explains that appearance in full, and it is where every decision on this page is made.
Challenging the order
You have a right to a hearing to contest the protective order, but you generally must request it at the arraignment when the order is issued. This comes from the Connecticut Supreme Court's decision in State v. Fernando A.
At the hearing, held within a reasonable time, the state must show the order is still necessary, and you can present evidence and cross-examine. If you do not ask at the arraignment, you lose the right to that hearing and can later only file a motion asking the judge to modify the order. Ask your attorney about requesting the hearing before you walk into court.
What the order does to your life
The order can force you out of your home the day it is issued, keep you from seeing your children until the case is modified or ends, and require you to surrender any firearms. It stays in place for the entire case, which can be months.
If your job, housing, or custody is affected, tell your attorney early; a residential or no-contact order can sometimes be modified to a partial order as the case develops, but only by going back to the judge.
Violating a protective order
Violating a criminal protective order is its own crime under Connecticut law, a felony, charged and sentenced separately from whatever you were first arrested for. It is the most common way a minor case becomes a serious one.
Even a friendly text to the protected person, even at their invitation, can be a violation. If you are unsure what your order allows, assume no contact and ask your attorney.
The arrest page covers what happened before the order issued, and the what to expect page puts it in the shape of the whole case.
The charge the order attaches to matters too. Most protective orders follow a domestic violence or family violence arrest, and the underlying charge is often assault. Your case is heard at the court that covers the town of arrest, listed on the court pages.