The proposed legislation, General Assembly Raised Bill No. 5310, aims to amend existing laws regarding criminal violations of protective orders, standing restraining orders, and civil protection orders. Key changes include the establishment of an affirmative defense for individuals accused of violating such orders, provided that the protected person initiated or encouraged the prohibited contact or conduct, unless the defendant's actions constitute a separate criminal offense. This affirmative defense is applicable across various sections of the law, including those pertaining to protective orders (Section 53a-223), standing criminal protective orders (Section 53a-223a), restraining orders (Section 53a-223b), and civil protection orders (Section 53a-223c).
Additionally, the bill clarifies that individuals listed as protected persons in these orders cannot be held criminally liable for soliciting or aiding in the violation of the orders. The classification of violations remains consistent, with most being classified as a class D felony, while more severe violations, such as those involving threats or physical harm, are classified as class C felonies. The bill is set to take effect on October 1, 2026, and aims to provide clearer legal protections for both the accused and the protected individuals involved in these cases.
Statutes affected: Raised Bill: