The best Greenwich and Stamford domestic violence criminal lawyers would probably agree that at least half of the domestic violence cases they see in court include a charge and arrest for 53a-182 Disorderly Conduct. Why? Because it’s the easiest crime for Connecticut prosecutors and police to prove at trial. The statutory language of this crime is so loosely written and widely enforced that even swearing at your spouse or family member can get you arrested in Greenwich or Stamford for 53a-182 Disorderly Conduct charges. Just as important, however, is the criminal protective and restraining order that is issued by the domestic violence court while your Norwalk or Stamford Disorderly Conduct charge is pending.
Can these protective and restraining orders keep you out of your house for weeks or even months? Absolutely. Here’s how…
When police come to your house in response to a New Canaan, Darien, Greenwich or Stamford 911 domestic violence call, their primary goal is to make sure everyone in the family is safe. They will interview all of the adults and teenagers in the house. If allowed, they will inspect the home for evidence of violence, drinking or drugs. They will also closely examine the bodies of everyone involved for marks and bruises. Many times our clients refuse to give statements to the police. This is not always the best choice. In these situations, if the police only have one side of a domestic violence dispute and it presents as credible to them, then they have no choice but to act on the one side that has been reported to them and arrest you. The police conclude that you can tell your side of the story in court.
Once the police decide to arrest you for a Stamford, New Canaan, or Greenwich 53a-182 Disorderly Conduct or other domestic violence charge, they will either issue you a summons, or they will book and process you down at the police station. If you are charged with just a single count of 53a-182 Disorderly Conduct and no other charges, you will usually receive a misdemeanor summons ticket ordering you to court on the next business morning. You will also receive a temporary restraining / protective order which will usually order you out of the family home until the next business morning when the court can hold a hearing on the terms and conditions of a lengthier criminal protective restraining order. Take this restraining order very seriously. If the police find out you have violated it, then they will charge you with felony criminal violation of protective order under CGS 53a-223 and you will be facing much more serious charges in Stamford or Norwalk domestic violence court.
Many times fighting family members do not want the police involved in their marital and family disputes. Unfortunately this happens all too often and the police are nevertheless obligated to make arrests and summon you to court even if no one wants to press charges. Stamford domestic violence criminal lawyers and attorneys hear all the time from victims who tell the domestic violence prosecutors that “they do not want to press charges.” What the Stamford and Greenwich victims of domestic violence do not realize is that pressing or dropping charges is not up to the victims. While they certainly have the right to communicate their opinions on the case to the police and prosecutors, the decision to prosecute Stamford and Greenwich domestic violence cases lies exclusively with the Connecticut State’s Attorney’s Office.
Your first court appearance in Stamford or Norwalk domestic violence court is called the arraignment. There, a Superior Court judge will conduct a domestic violence protective order / restraining order hearing to decide the terms and conditions of your release while your Stamford or Norwalk Disorderly Conduct charge is pending. The judge will also issue a criminal protective order which comes in 3 categories:
We strongly encourage people arrested for 53a-182 Disorderly Conduct Charges to hire a top domestic violence criminal attorney to assist them at their first court appearance. Getting thrown out of your home by the court for weeks and months could be detrimental to your life on so many levels—it affects your children, your marriage, your job, and it’s expensive to have to find alternative housing arrangements, especially in Fairfield County. And if a protective order has already been issued in your case, you can call a Norwalk or Stamford domestic violence criminal lawyer to make a motion to modify the protective restraining order as soon as possible to ask the Court to allow you back into the family home.
You should know that separate and apart from the restraining order issue, you still need to fight the underlying Disorderly Conduct charge. Once the case is dropped against you, the restraining orders go away as well. Click here to learn more about how the domestic violence lawyers at Mark Sherman Law can help you fight your Disorderly Conduct charges.
So don’t get railroaded out or your house and home by a Connecticut domestic violence court. You have options and legal rights that can be exercised and aggressively pursued right from the outset of your domestic violence Disorderly Conduct case. Call one of the experienced domestic violence lawyers at Mark Sherman Law today to figure out how to get back into your home and fight your Disorderly Conduct charge as effectively and quickly as possible. We are available 24/7 to discuss your case. Call us for a free phone consultation today at (203) 358-4700.