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General Assembly Raised Bill No. 5310
February Session, 2026 LCO No. 1837
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING AN AFFIRMATIVE DEFENSE FOR A
CRIMINAL VIOLATION OF A PROTECTIVE ORDER OR A STANDING
RESTRAINING ORDER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-223 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2026): 2
(a) A person is guilty of criminal violation of a protective order when 3
an order issued pursuant to subsection (e) of section 46b-38c, subsection 4
(f) of section 53a -28, or section 54 -1k or 54 -82r has been issued against 5
such person, and such person violates such order. 6
(b) No person who is listed as a protected person in such protective 7
order may be criminally liable for (1) soliciting, requesting, 8
commanding, importuning or intentionally aiding in the violation of the 9
protective order pursuant to subsection (a) of section 53a -8, or (2) 10
conspiracy to violate such protective order pursuant to section 53a-48. 11
(c) Criminal violation of a protective order is a class D felony, except 12
that any violation of a protective order that involves (1) imposing any 13
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restraint upon the person or liberty of a person in violation of the 14
protective order, or (2) threatening, harassing, assaulting, molesting, 15
sexually assaulting or attacking a person in violation of the protective 16
order is a class C felony. 17
(d) In any prosecution for a criminal violation of a protective order 18
under this section, it shall be an affirmative defense that the protected 19
person, directly , indirectly or through a third person, initiated or 20
encouraged the contact or conduct prohibited pursuant to the order, 21
unless the defendant's resulting contact or conduct constitutes a 22
separate criminal offense. 23
Sec. 2. Section 53a -223a of the general statutes is repealed and the 24
following is substituted in lieu thereof (Effective October 1, 2026): 25
(a) A person is guilty of criminal violation of a standing criminal 26
protective order when an order issued pursuant to subsection (a) of 27
section 53a-40e has been issued against such person, and such person 28
violates such order. 29
(b) No person who is listed as a protected person in such standing 30
criminal protective order may be criminally liable for (1) soliciting, 31
requesting, commanding, importuning or intentionally aiding in the 32
violation of the standing criminal protective order pursuant to 33
subsection (a) of section 53a-8, or (2) conspiracy to violate such standing 34
criminal protective order pursuant to section 53a-48. 35
(c) Criminal violation of a standing criminal protective order is a class 36
D felony, except that any violation that involves (1) imposing any 37
restraint upon the person or liberty of a person in violation of the 38
standing criminal protective order, or (2) threatening, harassing, 39
assaulting, molesting, sexually assaulting or attacking a person in 40
violation of the standing criminal protective order is a class C felony. 41
(d) In any prosecution for a criminal violation of a standing criminal 42
protective order under this section, it shall be an affirmative defense that 43
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a protected person, directly, indirectly or through a third person, 44
initiated or encouraged the contact or conduct prohibited by the order, 45
unless the defendant's resulting contact or conduct constitutes a 46
separate criminal offense. 47
Sec. 3. Section 53a -223b of the general statutes is repealed and the 48
following is substituted in lieu thereof (Effective October 1, 2026): 49
(a) A person is guilty of criminal violation of a restraining order when 50
(1) (A) a restraining order has been issued against such person pursuant 51
to section 46b -15, or (B) a foreign order of protection, as defined in 52
section 46b-15a, has been issued against such person in a case involving 53
the use, attempted use or threatened use of physical force against 54
another, and (2) such person, having knowledge of the terms of the 55
order, (A) does not stay away from a person or place in violation of the 56
order, (B) contacts a person in violation of the order, (C) imposes any 57
restraint upon the person or liberty of a person in violation of the order, 58
or (D) threatens, harasses, assaults, molests, sexually assaults or attacks 59
a person in violation of the order. 60
(b) No person who is listed as a protected person in such restraining 61
order or foreign order of protection may be criminally liable for (1) 62
soliciting, requesting, commanding, importuning or intentionally 63
aiding in the violation of the restraining order or foreign order of 64
protection pursuant to subsection (a) of section 53a -8, or (2) conspiracy 65
to violate such restraining order or foreign order of protection pursuant 66
to section 53a-48. 67
(c) No person who is listed as a respondent in a restraining order 68
issued pursuant to section 46b-15 or a foreign order of protection issued 69
pursuant to section 46b -15a and against whom there is an order of no 70
contact with the protected party or parties may be criminally liable for 71
a violation of such order if such person causes a document filed in a 72
family relations matter, as defined in section 46b -1, to be served on the 73
protected party or parties in accordance with the law by mail or through 74
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a third party who is authorized by statute to serve process. 75
(d) (1) Except as provided in subdivision (2) of this subsection, 76
criminal violation of a restraining order is a class D felony. 77
(2) Criminal violation of a restraining order is a class C felony if the 78
offense is a violation of subparagraph (C) or (D) of subdivision (2) of 79
subsection (a) of this section. 80
(e) In any prosecution for a criminal violation of a restraining order 81
under this section, it shall be an affirmative defense that a protected 82
person, directly, indirectly or through a third person, initiated or 83
encouraged the contact or conduct prohibited by the order, unless the 84
defendant's resulting contact or conduct constitutes a separate criminal 85
offense. 86
Sec. 4. Section 53a -223c of the general statutes is repealed and the 87
following is substituted in lieu thereof (Effective October 1, 2026): 88
(a) A person is guilty of criminal violation of a civil protection order 89
when (1) a civil protection order has been issued against such person 90
pursuant to section 46b-16a, and (2) such person, having knowledge of 91
the terms of the order, violates such order. 92
(b) No person who is listed as a respondent in a civil protection order 93
issued pursuant to section 46b -16a may be criminally liable for a 94
violation of such order if such person causes a legal document to be 95
served on the protected person by mail or through a third party in 96
accordance with the law. For purposes of this subsection, "legal 97
document" includes, but is not limited to, a notice of appearance or any 98
other application, petition, or motion filed in good faith by such person 99
in connection with any pending court matter, or in any court matter that 100
may be brought subsequently. 101
(c) Criminal violation of a civil protection order is a class D felony. 102
(d) In any prosecution for a criminal violation of a civil protective 103
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order under this section, it shall be an affirmative defense that a 104
protected person, directly, indirectly or through a third person, initiated 105
or encouraged the contact or conduct prohibited by the order, unless the 106
defendant's resulting contact or conduct constitutes a separate criminal 107
offense. 108
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 53a-223
Sec. 2 October 1, 2026 53a-223a
Sec. 3 October 1, 2026 53a-223b
Sec. 4 October 1, 2026 53a-223c
Statement of Purpose:
To establish an affirmative defense for a criminal violation of a
protective order or a standing restraining order in the case of contact
being initiated by a protected person.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]