Conn. Crim. Jury Instr. 6.8-3

The defendant is charged [in count__] with criminal violation of a restraining order. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of criminal violation of a restraining order when <insert as

appropriate:>

• § 53a-223b (a) (1) (A): a restraining order has been issued against such person,

• § 53a-223b (a) (1) (B): a foreign order of protection . . . has been issued against such

person in a case involving the use, attempted use or threatened use of physical force

against another,

and such person, having knowledge of the terms of the order <insert as

appropriate:>

• § 53a-223b (a) (2) (A): does not stay away from a person or place in violation of the

order.

• § 53a-223b (a) (2) (B): contacts a person in violation of the order.

• § 53a-223b (a) (2) (C): imposes any restraint upon the person or liberty of a person in

violation of the order.

• § 53a-223b (a) (2) (D): threatens, harasses, assaults, molests, sexually assaults or attacks

a person in violation of the order.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Restraining order

The first element is that a restraining order had been issued

1 against the defendant. <Review

evidence of order and defendant’s notice of it.>

[If the restraining order was issued by a state other than Connecticut, it must have been ordered

in a case involving the use, attempted use or threatened use of physical force against another.]

Element 2 - Knowledge of terms of order

The second element is that the defendant had knowledge of the terms of the order. This means

that the defendant must know of the conditions of the order. A person acts “knowingly” with

respect to a circumstance when (he/she) is aware that such circumstance exists. <See

Knowledge, Instruction 2.3-3.>

Element 3 - Violation

The third element is that the defendant violated a condition of that restraining order in that

(he/she) <insert as appropriate:>

• § 53a-223b (a) (2) (A): did not stay away from a person or place in violation of the

order.

• § 53a-223b (a) (2) (B): contacted a person in violation of the order.

• § 53a-223b (a) (2) (C): imposed a restraint upon the person or liberty of a person in

violation of the order. To restrain a person means to restrict a person’s movement

intentionally and unlawfully without the other person’s consent.

• § 53a-223b (a) (2) (D): threatened, harassed, assaulted, molested, sexually assaulted

or attacked a person in violation of the order.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) a restraining had been issued

against the defendant, 2) the defendant had knowledge of the terms of the order, and 3) the

defendant violated a condition of that order by <insert specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of criminal violation of a restraining order, then you shall find the defendant guilty.

On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable

doubt any of the elements, you shall then find the defendant not guilty.

1 Pursuant to General Statutes § 46b-15.

2 As defined in General Statutes § 46b-15a.