(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.
(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.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 2006–2022 · leading case:
State v. Culver, 904 A.2d 283 (Conn. App. Ct. 2006).
State v. Culver, 904 A.2d 283 (Conn. App. Ct. 2006).
· cites it 23× “to 2003) § 53a-223b. On appeal, the defendant claims that (1) his conviction under subdivisions (1) and (2) of subsection (a) of § 53a-223b violated the constitutional protection against double jeopardy, (2) subdivisions (1) and (2) of § 53a-223b (a) are unconstitutionally…”
State v. Elmer G., 170 A.3d 749 (Conn. App. Ct. 2017).
· cites it 12× “, appeals from the judgments of conviction, after a jury trial, of two counts of sexual assault in the second degree in viola- tion of General Statutes § 53a-71 (a) (1), two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and three counts of…”
State v. Elmer G., 333 Conn. 176 (Conn. 2019).
· cites it 4× “’’ General Statutes § 53a-223b (a). On appeal, the defendant does not dispute that he had a restraining order issued against him and that he contacted the victim twice by text message and once by letter.”
State v. Billings, 217 Conn. App. 1 (Conn. App. Ct. 2022).
· cites it 5× “The defendant, Blair Billings, appeals from the judgment of conviction, rendered after a jury trial, of criminal violation of a restraining order in violation of General Statutes § 53a-223b (a) (2), stalking in the second degree in violation of General Statutes (Supp.”
State v. Kantorowski, 72 A.3d 1228 (Conn. App. Ct. 2013).
· cites it 3× “The defendant, Kyle Kantorowski, appeals from the judgments of conviction, rendered after a jury trial, in docket number CR-10-391835, of violating a restraining order in violation of General Statutes § 53a-223b, harassment in the second degree in violation of General Statutes §…”
Dennis v. Comm'r of Corr., 39 A.3d 799 (Conn. App. Ct. 2012).
· cites it 2× “” 3 The charge was criminal violation of a restraining order in violation of General Statutes § 53a-223b. 4 The facts of this case demonstrate the importance of investigating the charges.”
Marshall v. Comm'r of Corr., 196 A.3d 388 (Conn. App. Ct. 2018).
· cites it 2× “2d 162 (1970) ; to two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and criminal violation of a restraining order in violation of General Statutes § 53a-223b, and was sentenced to seven years of incarceration, execution suspended, and…”
State v. Sligh, 972 A.2d 266 (Conn. App. Ct. 2009).
· cites it 4× “The defendant was arrested and charged with breach of the peace in the second degree in violation of General Statutes § 53a-181, as well as criminal violation of a protective order in violation of General Statutes § 53a-223b. On the basis of the alleged crimes underlying the…”
State v. Larsen, 978 A.2d 544 (Conn. App. Ct. 2009).
· cites it 4× “Larsen, appeals from the judgments of conviction, rendered after a trial to the court, of two counts of criminal violation of a protective order under General Statutes § 53a-223 1 and one count of criminal violation of a restraining order *204 under General Statutes § 53a-223b.…”
Dennis v. Comm'r of Corr., 208 A.3d 282 (Conn. App. Ct. 2019).
· cites it 2× “CR-12-0410035-S and CR-12-0412661-S, and guilty under the Alford doctrine 2 to criminal violation of a restraining order in violation of General Statutes § 53a-223b in Docket No.”
State v. Elmer (Conn. App. Ct. 2017).
· cites it 4× “General Statutes § 53a-223b (a) (1) (A) and (2) (B); State v.”
State v. Carter (Conn. 2016).
· cites it 3× “to 2009) § 53a-223b (a) (1) (A) (2) (D),1 for the fatal stabbing of his former girlfriend, Tiana Notice (vic- tim), on February 14, 2009.”
— Conn. Gen. Stat. § 53a-223b(a)(1)(A) — 1 case
State v. Elmer G., 170 A.3d 749 (Conn. App. Ct. 2017).
“, appeals from the judgments of conviction, after a jury trial, of two counts of sexual assault in the second degree in viola- tion of General Statutes § 53a-71 (a) (1), two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and three counts of…”
— Conn. Gen. Stat. § 53a-223b(a)(2) — 1 case
State v. Elmer G., 170 A.3d 749 (Conn. App. Ct. 2017).
“, appeals from the judgments of conviction, after a jury trial, of two counts of sexual assault in the second degree in viola- tion of General Statutes § 53a-71 (a) (1), two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and three counts of…”
— Conn. Gen. Stat. § 53a-223b(a)(2)(B) — 1 case
State v. Elmer G., 170 A.3d 749 (Conn. App. Ct. 2017).
“, appeals from the judgments of conviction, after a jury trial, of two counts of sexual assault in the second degree in viola- tion of General Statutes § 53a-71 (a) (1), two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2), and three counts of…”
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