Sec. 53a-223b. Criminal violation of a restraining order: Class D felony. - Connecticut Statutes

State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-223b

      Sec. 53a-223b. Criminal violation of a restraining order: Class D felony. (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) Criminal violation of a restraining order is a class D felony.

      (P.A. 02-127, S. 1; P.A. 03-98, S. 6; P.A. 05-147, S. 6.)

      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.

      Not unconstitutionally vague because a person of ordinary intelligence would have ample warning that terms "stay away from" and "contacts" prohibit distinct conduct. 97 CA 332.

      Subsec. (a):

      Violation of either Subdiv. (1) or (2) 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.

State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-223b

      Sec. 53a-223b. Criminal violation of a restraining order: Class D felony. (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) Criminal violation of a restraining order is a class D felony.

      (P.A. 02-127, S. 1; P.A. 03-98, S. 6; P.A. 05-147, S. 6.)

      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.

      Not unconstitutionally vague because a person of ordinary intelligence would have ample warning that terms "stay away from" and "contacts" prohibit distinct conduct. 97 CA 332.

      Subsec. (a):

      Violation of either Subdiv. (1) or (2) 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.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Connecticut > Title53a > Chap952 > Sec53a-223b

      Sec. 53a-223b. Criminal violation of a restraining order: Class D felony. (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) Criminal violation of a restraining order is a class D felony.

      (P.A. 02-127, S. 1; P.A. 03-98, S. 6; P.A. 05-147, S. 6.)

      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.

      Not unconstitutionally vague because a person of ordinary intelligence would have ample warning that terms "stay away from" and "contacts" prohibit distinct conduct. 97 CA 332.

      Subsec. (a):

      Violation of either Subdiv. (1) or (2) 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.