The best Stamford, Greenwich and Darien Connecticut criminal lawyers frequently see Connecticut domestic violence arrests get nasty. A verbal or physical altercation between spouses can lead to an arrest, which can subsequently lead to one spouse consulting with a divorce lawyer. Then the gloves come off, and the next thing you know, your husband or wife is trying to parlay their role as a “victim” in their Connecticut domestic violence case to their advantage in divorce court. It’s a scene that top Stamford, Darien and Greenwich Connecticut criminal lawyers and attorneys see all too often. These “victims” dispatch their big ticket divorce lawyers into Connecticut criminal court to demand super-restrictive protective orders, onerous conditions of release (such as drug testing and anger management), and even worse, restraining orders that get you kicked out of your own home.
But have hope—there are several ways to throw a wrench into this judicial machine. Keep reading to learn more on how to stop your criminal case from being clouded by top Stamford Connecticut divorce lawyers who tread the waters of Connecticut domestic violence courts on behalf of their victim-clients.
Ask any of the best Westport, Wilton or Greenwich criminal lawyers…there are times when people in a Connecticut divorce will try to manipulate the criminal court process to try and get their spouses kicked out of their own home. The best Greenwich, Darien and New Canaan Connecticut divorce lawyers know that one of the first motions filed in a contested divorce is the “Motion for Exclusive Possession” of the family residence, which requires a judge to determine who gets to stay in the family home during a divorce action, and who has to leave. A hearing on a Connecticut Exclusive Possession Motion can sometimes take months to be heard, and can be very expensive and time-consuming. And if a spouse is suffering from anger management issues, depression, or alcohol / substance abuse or addiction issues, then these mental health issues can be a factor that tips the scales in favor of the more stable parent or spouse. However, as the best Stamford and Greenwich Connecticut criminal law firms know, once there is an arrest at a home of a separating or divorcing couple, the domestic violence court is required to impose a criminal protective restraining order upon the person arrested.
A Connecticut domestic violence criminal protective order can come in 3 forms, two of which can order you out of your home for many weeks or months, regardless of whether a Connecticut exclusive possession motion is pending. Too often, top Connecticut criminal lawyers who appear regularly in the domestic violence courts in Stamford, Norwalk, Danbury and Bridgeport Connecticut see alleged “victims” leap-frog the exclusive possession hearing and convince the Connecticut criminal court to order their spouse out of the house, sometimes with the assistance and/or advice or representation of the best Connecticut family divorce court lawyers. So be on guard and consider having a top Greenwich, Darien or Westport family court law firm assisting you and your criminal lawyer in your case (even if they do it behind the scenes and not in court). As frustrating as it may be to have two sets of courts and two sets of lawyers involved, it just may be necessary to defend yourself and your rights to your children and home.
Hopefully, no. But if you have been arrested in Stamford, Greenwich, Darien or Westport Connecticut for Assault, Disorderly Conduct or Violation of Criminal Protective Order, and you see your husband or wife walk into criminal court with a top Connecticut family / divorce lawyer, then you need to consider being protected on both fronts. The fact that the victim-spouse has hired a divorce lawyer suggests that they are contemplating divorce, and if that’s the case, you need get in front of your situation and be prepared for the worst. You need to be prepared that your spouse is mounting a two-pronged attack: first, advocating against you in your Connecticut domestic violence arrest; and second, building a case against you in divorce court. Your first thought may be—do I really need to spend money on two lawyers? If you have been arrested for a misdemeanor of a felony and your spouse has hired a divorce lawyer, then you probably do. At the very least, you should make a phone call to better understand your rights and risks, so you can make an informed decision on how to best protect your legal rights and custody rights.
So if you are facing a difficult Connecticut domestic violence criminal arrest and feel that your spouse is going to leverage his or her position in a divorce action, contact a top Connecticut divorce lawyer or top Connecticut criminal lawyer today. These court cases can make you feel like you’ve been thrown into a gauntlet of legal terms, procedures and protocols that you need to fully understand. So don’t feel like you’re behind the 8 ball…get in touch with experienced, aggressive and competent Connecticut criminal and divorce lawyers today.