Sec. 53a-40e. Standing criminal restraining order.
Sec. 53a-40e. Standing criminal restraining order. (a) If any person is convicted
of (1) a violation of section 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-181c, 53a-181d, 53a-181e, 53a-182b, 53a-183, 53a-223, 53a-223a or 53a-223b or attempt or conspiracy to violate any
of said sections or section 53a-54a, against a family or household member, as defined in
section 46b-38a, or (2) any crime that the court determines constitutes a family violence
crime, as defined in section 46b-38a, or attempt or conspiracy to commit any such crime,
the court may, in addition to imposing the sentence authorized for the crime under section
53a-35a or 53a-36, if the court is of the opinion that the history and character and the
nature and circumstances of the criminal conduct of such offender indicate that a standing criminal restraining order will best serve the interest of the victim and the public,
issue a standing criminal restraining order which shall remain in effect until modified
or revoked by the court for good cause shown. If any person is convicted of any crime
against a family or household member, as defined in section 46b-38a, other than a crime
specified in subdivision (1) or (2) of this subsection, the court may, for good cause
shown, issue a standing criminal restraining order pursuant to this subsection.
(b) Such standing criminal restraining order may include but is not limited to enjoining the offender from (1) imposing any restraint upon the person or liberty of the
victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking
the victim; or (3) entering the family dwelling or the dwelling of the victim.
(c) Every standing criminal restraining order of the court made in accordance with
this section shall contain the following language: "This order shall remain in effect until
modified or revoked by the court for good cause shown. In accordance with section 53a-223a, violation of a standing criminal restraining order issued by the court pursuant to
subsection (a) of this section shall be punishable by a term of imprisonment of not less
than one year nor more than five years, a fine of not more than five thousand dollars or
both."
(P.A. 96-228, S. 1; P.A. 98-15; June Sp. Sess. P.A. 98-1, S. 41, 121; P.A. 99-186, S. 13; P.A. 05-147, S. 2; P.A. 07-123, S. 5.)
History: (Revisor's note: In Subsec. (c) the reference in public act 96-228 to "section 1 of this act" was deemed by the
Revisors to be a reference to section 2 of that act and therefore codified as "section 53a-110c"); P.A. 98-15 amended
Subsec. (a) to add references to Secs. 53a-181c, 53a-181d and 53a-181e; June Sp. Sess. P.A. 98-1 made a technical change
in Subsec. (c), effective June 24, 1998; P.A. 99-186 amended Subsec.(a) to make provisions applicable to any person
convicted "of attempt or conspiracy to violate any of said sections or section 53a-54a"; P.A. 05-147 amended Subsec. (a)
to include a violation of Sec. 53a-223 and make a technical change; P.A. 07-123 amended Subsec. (a) to designate list of
qualifying offenses as Subdiv. (1) and amended same by including a violation of Sec. 53a-182b, 53a-183, 53a-223a or
53a-223b and making technical changes, to add Subdiv. (2) re any crime that the court determines constitutes a family
violence crime, as defined in Sec. 46b-38a, or attempt or conspiracy to commit any such crime, include sentence authorized
under Sec. 53a-36 and to add provision authorizing a court for good cause shown to issue standing criminal restraining
order if person is convicted of a crime against a family or household member other than a crime specified in Subdiv. (1)
or (2).
See Sec. 51-5c re automated registry of protective orders.
Imposition of a standing criminal restraining order after defendant began serving his sentence did not constitute punishment or affect defendant's sentence and therefore, trial court had jurisdiction to impose it. 269 C. 107.
Order precluding defendant from having contact with his minor children is within scope of the statute. 81 CA 84.