Sec. 54-1k. Issuance of protective orders in cases of stalking, harassment, sexual assault, risk of injury to or impairing morals of a child.
Sec. 54-1k. Issuance of protective orders in cases of stalking, harassment, sexual assault, risk of injury to or impairing morals of a child. (a) Upon the arrest of a
person for a violation of subdivision (1) or (2) of subsection (a) of section 53-21, section
53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, or any attempt thereof,
or section 53a-181c, 53a-181d or 53a-181e, the court may issue a protective order pursuant to this section. Upon the arrest of a person for a violation of section 53a-182b or
53a-183, the court may issue a protective order pursuant to this section if it finds that
such violation caused the victim to reasonably fear for his or her physical safety. 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 victim, 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.
(b) A protective order issued under this section may include provisions necessary
to protect the victim from threats, harassment, injury or intimidation by the defendant,
including but not limited to, an order enjoining the defendant from (1) imposing any
restraint upon the person or liberty of the victim, (2) threatening, harassing, assaulting,
molesting or sexually assaulting the victim, or (3) entering the dwelling of the victim.
A protective order issued under this section may include provisions necessary to protect
any animal owned or kept by the victim including, but not limited to, an order enjoining
the defendant from injuring or threatening to injure such animal. Such order shall be
made a condition of the bail or release of the defendant and 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 five years, a fine of not more than
five 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. 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 information contained in and concerning the issuance of any protective order
issued under this section shall be entered in the registry of protective orders pursuant to
section 51-5c.
(P.A. 95-214, S. 3; P.A. 02-132, S. 56; P.A. 05-147, S. 1; 05-288, S. 183; P.A. 07-78, S. 3; P.A. 08-84. S. 1.)
History: P.A. 02-132 replaced 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, replaced
provisions re entry of protective orders in registry established under Sec. 46b-38c(e) with provisions re entry of information
into registry of protective orders pursuant to Sec. 51-5c and made technical changes, effective January 1, 2003; P.A. 05-147 authorized the issuance of a protective order upon the arrest of a person for a violation of Sec. 53a-182b or 53a-183
if the violation caused the victim to reasonably fear for his or her physical safety and revised the language of the order to
make technical changes and specify that a violation of Sec. 53a-223 is punishable by a term of imprisonment of not more
than five years, a fine of not more than $5,000, or both, reflecting the increase in the penalty for said violation made by
P.A. 02-127; P.A. 05-288 made technical changes and revised required language in order re penalty for criminal violation
of a protective order, effective July 13, 2005; P.A. 07-78 added provision re authority of protective order to include
provisions necessary to protect any animal owned or kept by the victim; P.A. 08-84 inserted Subsec. designators (a), (b)
and (c), and amended Subsec. (a) to reference Secs. 53-21(a)(1) or (2), 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, or any attempt thereof.