§ 54-82r — Protective order prohibiting harassment of witness.

Connecticut § 54-82r

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 961: Trial and Proceedings after Conviction

Text

(a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency. If the protected witness is enrolled in a public or private elementary or secondary school, including a technical education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the protected witness, send, by facsimile or other means, a copy of such protective order, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the protected witness is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the protected witness is enrolled, if the protected witness provides the clerk with the name and address of such school or institution of higher education. (b) A protective order shall set forth the reasons for the issuance of such order, be specific in terms and describe in reasonable detail, and not by reference to the complaint or other document, the act or acts being restrained. A protective order issued under this section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining the adverse party from (1) imposing any restraint upon the person or liberty of the witness, (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness, or (3) entering the dwelling of the witness. Such order shall contain the following language: “In accordance with section 53a-223 of the Connecticut general statutes, any violation of this order constitutes criminal violation of a protective order which is punishable by a term of imprisonment of not more than ten years, a fine of not more than ten thousand dollars, or both. Additionally, in accordance with section 53a-107 of the Connecticut general statutes, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree which is punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both.”. If the adverse party is the defendant in the criminal case, such order shall be made a condition of the bail or release of the defendant and shall also contain the following language: “Violation of this order also violates a condition of your bail or release and may result in raising the amount of bail or revoking release.”. (c) The protective order shall remain in effect for the duration of the criminal case except as otherwise ordered by the court. See Sec. 51-5c re automated registry of protective orders.

Legislative History

(P.A. 99-240, S. 3; P.A. 02-132, S. 58; P.A. 05-288, S. 186; P.A. 14-217, S. 127; P.A. 17-163, S. 7; P.A. 18-139, S. 10.) History: P.A. 02-132 amended Subsec. (a) by replacing provisions re sending certified copy of order to law enforcement agency with provisions re sending copy of or information contained in order to law enforcement agency by facsimile or other means, effective January 1, 2003; P.A. 05-288 amended Subsec. (b) by making technical changes and revising required language in order re penalty for criminal violation of a protective order, effective July 13, 2005; P.A. 14-217 amended Subsec. (b) to replace “five years” and “five thousand” with “ten years” and “ten thousand”, respectively, in required order language re penalty for criminal violation of a protective order and make technical changes, effective January 1, 2015; P.A. 17-163 amended Subsec. (a) to add provision re protected witness enrolled in school or institution of higher education, effective January 1, 2018; P.A. 18-139 replaced “technical high school” with “technical education and career school” in Subsec. (a), effective June 11, 2018.