Sec. 54-82r. Protective order prohibiting harassment of witness.
Sec. 54-82r. Protective order prohibiting harassment of witness. (a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the
harassment of a witness in a criminal case if the court, after a hearing at which hearsay
evidence shall be admissible, finds by a preponderance of the evidence that harassment
of an identified witness in a criminal case exists or that such order is necessary to prevent
and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse
party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. 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 witness, 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 shall set forth the reasons for the issuance of such order, be
specific in terms and describe in reasonable detail, and not by reference to the complaint
or other document, the act or acts being restrained. A protective order issued under this
section may include provisions necessary to protect the witness from threats, harassment, injury or intimidation by the adverse party including, but not limited to, enjoining
the adverse party from (1) imposing any restraint upon the person or liberty of the
witness, (2) threatening, harassing, assaulting, molesting or sexually assaulting the witness, or (3) entering the dwelling of the witness. Such order 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." If the adverse party is the defendant in the criminal case,
such order shall be made a condition of the bail or release of the defendant and shall
also contain the following language: "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 protective order shall remain in effect for the duration of the criminal case
except as otherwise ordered by the court.
(P.A. 99-240, S. 3; P.A. 02-132, S. 58; P.A. 05-288, S. 186.)
History: P.A. 02-132 amended Subsec. (a) by replacing 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, effective January 1, 2003; P.A. 05-288 amended Subsec. (b) by making technical changes and revising
required language in order re penalty for criminal violation of a protective order, effective July 13, 2005.
See Sec. 51-5c re automated registry of protective orders.