2005 Connecticut Code - Sec. 53a-40e. Standing criminal restraining order.

Sec. 53a-40e. Standing criminal restraining order. (a) If any person is convicted of 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 or 53a-181e, or of attempt or conspiracy to violate any of said sections or section 53a-54a, against a family or household member as defined in subdivision (2) of section 46b-38a, the court may, in addition to imposing the sentence authorized for the crime under section 53a-35a, 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.

(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.)

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".

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.