Connecticut Family Violence Charges: Protective Orders, Family Services, and the Family Violence Education Program

If you have been arrested for a family violence offense in Connecticut, the court process can feel overwhelming. At your first court appearance, the judge may issue a criminal protective order, refer the case to Family Services, and determine whether you are eligible for the Family Violence Education Program (FVEP). This page explains the process in clear, plain language.

1. What Is the Family Violence Education Program in Connecticut?

The Family Violence Education Program (FVEP) is a pretrial diversion program under Connecticut General Statutes § 46b-38c. It is intended for first-time offenders charged with certain family violence crimes.

The program focuses on education and prevention, not punishment. Participants learn about family violence laws, accountability, and how to avoid future incidents.

Eligibility generally requires:

• No prior family violence convictions
• No prior participation in the FVEP
• No serious felony or offense involving serious physical injury
• No prior use of Accelerated Rehabilitation for a family violence offense

Eligibility is determined by the judge after reviewing a Family Services report and hearing from the prosecutor and the alleged victim.

2. What Is a Criminal Protective Order, and How Is It Different From a Restraining Order?

Criminal Protective Order

A criminal protective order is issued by the judge at arraignment after a family violence arrest. It is part of the criminal case and a condition of release.

A protective order may prohibit contact with the alleged victim, require distance from the home, or restrict communication. Violating a protective order is a separate felony offense.

Civil Restraining Order

A restraining order is a civil court order requested by an individual in Family Court. No arrest is required, and the requesting party must prove the need for protection at a hearing.

Key difference: Protective orders are criminal court orders issued after arrest; restraining orders are civil orders requested by an individual.

3. Can a Criminal Protective Order Be Contested? (Fernando A. Hearing)

Yes, but the request must be made at arraignment.

In State v. Fernando A., 294 Conn. 717 (2010), the Connecticut Supreme Court held that when a protective order is issued at arraignment, the defendant has the right to request a hearing to challenge whether it should remain in place.

The request must be made at arraignment or the right is generally waived. Courts usually schedule the hearing within one to two weeks. Until then, the protective order must be obeyed.

4. What Happens After a Case Is Referred to Family Services?

After a family violence arrest, the case is referred to the Family Violence Intervention Unit (Family Services).

Family Services interviews the parties, assesses risk and safety concerns, and prepares a confidential report for the judge. They may recommend protective orders, counseling, or eligibility for the Family Violence Education Program.

5. Who Grants the Family Violence Education Program and What Is Required?

Only a Superior Court judge can grant entry into the FVEP.

If granted, the defendant must attend all required classes, comply with protective orders, pay statutory fees (unless waived), waive the right to a speedy trial, and remain under court supervision for up to two years.

6. What Happens After Successful Completion of the Program?

If the program is successfully completed, the defendant may apply for dismissal of the charges. The court must dismiss the case, and the record is erased under Connecticut law.

7. What Happens If the Program Is Not Successfully Completed?

If the defendant fails to comply, misses classes, violates court orders, or is arrested again, the program is terminated and the case returns to the criminal docket for prosecution.

Why Experience Matters in Family Violence Cases

Protective orders and diversion program decisions are often made at arraignment. An experienced Connecticut criminal defense attorney understands how to request a Fernando A. hearing, preserve FVEP eligibility, and protect a client’s rights from the outset.