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HB 5310

AN ACT CONCERNING AN AFFIRMATIVE DEFENSE FOR A CRIMINAL VIOLATION OF A PROTECTIVE ORDER OR A STANDING RESTRAINING ORDER.

2026 Regular Session

Connecticut bill creates affirmative defense for protective order violations, allowing defendants to contest criminal liability under specified circumstances.

PUBLIC HEARING 0302
#criminallaw #felonies #protectiveorders #restrainingorders #violations
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Bill Summary · HB 5310

Legislative bill overview

HB 5310 proposes to create an affirmative defense in Connecticut criminal law for individuals charged with violating a protective order or standing restraining order. An affirmative defense allows defendants to acknowledge the violation but argue they should not be held criminally liable based on specific circumstances. The bill has been referred to the Joint Committee on Judiciary for review.

Why is this important

Protective orders and restraining orders are critical legal tools for protecting individuals from harassment, abuse, stalking, or violence. However, how violations are prosecuted affects both victim safety and defendant rights. This bill directly impacts the balance between holding violators accountable and allowing defendants to present legal justifications for their actions.

Potential points of contention

  • Victim safety concerns: Advocates for domestic violence and stalking victims may worry that creating defenses could weaken enforcement and discourage victims from seeking protective orders if they believe violators might escape consequences.
  • Specificity of the defense: The bill doesn't specify which circumstances constitute a valid affirmative defense (e.g., self-defense, necessity, mistaken identity), leaving uncertainty about how broadly courts would apply it.
  • Due process vs. protection trade-off: Criminal justice reform advocates might support clearer pathways for defendants to challenge charges, while victim advocates may argue this undermines the deterrent effect of protective order violations.

Compiled from official sources — confirm details with the bill’s official record.

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