§ 53a-223b — Criminal violation of a restraining order: Class D or class C felony.

Connecticut § 53a-223b

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of criminal violation of a restraining order when (1) (A) a restraining order has been issued against such person pursuant to section 46b-15, or (B) a foreign order of protection, as defined in section 46b-15a, has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another, and (2) such person, having knowledge of the terms of the order, (A) does not stay away from a person or place in violation of the order, (B) contacts a person in violation of the order, (C) imposes any restraint upon the person or liberty of a person in violation of the order, or (D) threatens, harasses, assaults, molests, sexually assaults or attacks a person in violation of the order. (b) No person who is listed as a protected person in such restraining order or foreign order of protection may be criminally liable for (1) soliciting, requesting, commanding, importuning or intentionally aiding in the violation of the restraining order or foreign order of protection pursuant to subsection (a) of section 53a-8 , or (2) conspiracy to violate such restraining order or foreign order of protection pursuant to section 53a-48 . (c) No person who is listed as a respondent in a restraining order issued pursuant to section 46b-15 or a foreign order of protection issued pursuant to section 46b-15a and against whom there is an order of no contact with the protected party or parties may be criminally liable for a violation of such order if such person causes a document filed in a family relations matter, as defined in section 46b-1 , to be served on the protected party or parties in accordance with the law by mail or through a third party who is authorized by statute to serve process. (d) (1) Except as provided in subdivision (2) of this subsection, criminal violation of a restraining order is a class D felony. (2) Criminal violation of a restraining order is a class C felony if the offense is a violation of subparagraph (C) or (D) of subdivision (2) of subsection (a) of this section.

Legislative History

(P.A. 02-127, S. 1; P.A. 03-98, S. 6; P.A. 05-147, S. 6; P.A. 11-152, S. 13; P.A. 14-217, S. 124; P.A. 15-85, S. 17.) History: P.A. 03-98 amended Subsec. (a) by adding provisions re foreign order of protection issued after notice and opportunity to be heard in a case involving use of physical force and making technical changes; P.A. 05-147 amended Subsec. (a)(1)(B) to delete the requirement that the foreign order of protection has been issued “after notice and an opportunity to be heard has been provided to such person” and amended Subsec. (b) to increase the penalty from a class A misdemeanor to a class D felony; P.A. 11-152 added new Subsec. (b) to provide that no protected person may be criminally liable for specified offenses and redesignated existing Subsec. (b) as Subsec. (c); P.A. 14-217 amended Subsec. (c) to designate existing provision re class D felony as Subdiv. (1) and amend same to add “Except as provided in subdivision (2) of this subsection,” add Subdiv. (2) re when criminal violation of a restraining order is class C felony, and make a technical change, effective January 1, 2015; P.A. 15-85 added new Subsec. (c) re restraining order respondent not criminally liable for violation of order if respondent causes document filed in family relations matter to be served on protected party in accordance with law and redesignated existing Subsec. (c) as Subsec. (d). Not unconstitutionally vague because a person of ordinary intelligence would have ample warning that terms “stay away from” and “contacts” prohibit distinct conduct; violation of either Subdiv. (1) or (2) of Subsec. (a) requires proof of an element that the other does not and therefore violation is two separate offenses for purposes of double jeopardy. 97 CA 332. Section is not a specific intent crime, and all that is necessary is a general intent that defendant intended to perform the activities that constituted the violation. 151 CA 527.