State of Connecticut v. Kenneth K.

Stamford-Norwalk, Connecticut criminal defense lawyer represented the Defendant charged with criminal violation of a protective order.



The defendant and L married in 1997 and have three children together. In 2014, L initiated divorce proceedings, and the defendant and L agreed to a visitation schedule for their children, which provided that the defendant would pick up the children at L's residence. In April, 2015, when the defendant arrived at L's home to pick up

two of their children, an argument ensued between the defendant and L. L warned the defendant that their custody arrangement would not work if his outbursts continued. The defendant then began yelling and swearing at L, calling her a ''bitch'' and, at one point, approached her and told her that he was going to ''bash [her] fucking brains in and [that L was] not going to be able to stop [him].'' L called the police and reported a nonphysical domestic altercation. The state ultimately charged the defendant with two counts of breach of the peace in the second degree[1] in violation of General Statutes § 53a-181 (a) (3), and the trial court issued a protective order in November, 2015, which precluded the defendant from contacting L in any manner, including by written, electronic, or telephonic contact, except for parenting exchanges, emergencies, or scheduling regarding their minor children (protective order).[2]



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The judgment is reversed with respect to the condition of the defendant's probation requiring that he not violate any family court order and the case is remanded for resentencing with direction to delete or modify that condition; the judgment is affirmed in all other respects.