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6.8-2 Criminal Violation of a Standing Criminal Restraining Order -- § 53a-223a
Revised to December 1, 2007
The defendant is charged [in count __] with criminal violation of a standing criminal restraining order. The statute defining this offense reads in pertinent part as follows:
a person is guilty of criminal violation of a standing criminal restraining order when an order1 has been issued against such person, and such person violates such order.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 -
Standing criminal restraining order
The first element is
that a court issued a standing criminal restraining order against the
defendant. <Review evidence of order.>
Element 2 -
Violation
The second element is
that the defendant violated a condition of the order. To violate a
condition means to act in disregard of or to go against the condition. <Insert
specific condition that the defendant is charged with violating.> A
person acts "intentionally"
with respect to conduct when (his/her) conscious objective is to engage in
such conduct. <See
Intent: General, Instruction 2.3-1.>
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) a court issued a standing criminal restraining order against the defendant, and 2) the defendant violated a condition of that order.
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 standing criminal
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.
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1 Issued pursuant to General Statutes § 53a-40e.
Commentary
The validity of the underlying order is not
an element of the offense. State v. Wright, 273 Conn. 418, 432
(2005); State v. Manns, 91 Conn. App. 827, 834, cert. denied, 276
Conn. 927 (2005).