What are Westport Police Conditions of Release and Do I Have to Follow Them?
Yes. As soon as you are arrested for a Westport domestic violence crime like Disorderly Conduct, Breach of Peace Second Degree, or Assault Third Degree, the Westport Police will hand you “Conditions of Release” that you must strictly comply with until you first appear in court. Typically, you will not be able to have any contact with your accuser or go to their home (even if you also live there). Don’t email or text them. Even if they email or text you first. These conditions of release will remain in place until your scheduled court date.
What Happens at My First Court Date for a Westport Connecticut Domestic Violence Arrest?
Your scheduled court date will always take place the morning of the next business day following your arrest. You will be required to report to Norwalk Superior Court (17 Belden Avenue) for your arraignment and protective order hearing. The first order of business will be to meet with the Office of Family Relations..
Do I Have to Meet with the Family Relations Officer?
Yes. You have to meet with them, but you don’t necessarily have to talk to them about your charges. Sometimes it’s very helpful to do so—other times your Westport domestic violence charges can be so serious that it is not a good idea to talk about the case.
The Family Relations Officer will ask you questions about the events that led to your arrest. What many people don’t realize is that Family Relations Officers are officers of the court, so anything that you tell them can be used against you in court, so it is extremely important that you have any of the best Westport or Norwalk Connecticut criminal defense attorneys by your side while you are answering these questions.
Your Protective / Restraining Order Hearing in Norwalk Superior Court
As top Westport Connecticut criminal lawyers can confirm, on your very first day in Norwalk Superior Court for your Westport domestic violence arrest, a protective / restraining order hearing will take place. The stakes are very high at this hearing, as it can result in the Court ordering you out of your home, ordering no contact with your accuser, and in some circumstances forbid you to have contact with your children.
What Kind of Restraining / Protective Orders are there in Connecticut?
There are three types of protective orders that a Connecticut court can order following a Connecticut domestic violence arrest. These orders typically remain in place until the end of your criminal case:
How Can I Modify / Change a Connecticut Domestic Violence Restraining Order?
Connecticut courts are typically very cautious when issuing these orders, so it is critical to hire a top Connecticut restraining order attorney who can advocate on your behalf and prove that the accuser is not at risk if a less restrictive protective order is put in place. And what many people don’t realize is that if you violate the terms of your protective order, you risk being arrested with Violation of a Protective Order, a felony under C.G.S. 53a-223.
What is a Fernando A. Hearing in Connecticut?
Your right to have a Fernando A. hearing originates from a Connecticut Supreme Court case that states that a defendant has a right to ask the court for a hearing to consider whether there is actually a need for a continuing protective order to remain in place. You must request this hearing on your first day in court, or you can lose your right to have the hearing. As any top Westport domestic violence attorney will tell you, once you make this request with the Court, they must grant you a hearing as soon as possible.
Contact a Westport Domestic Violence Attorney Today
An experienced Westport domestic violence attorney will be able to guide through the multi-layered court process as seamlessly, calmly, and compassionately as possible, while vigorously advocating on your behalf and ensuring that your rights are protected. The team of criminal lawyers at Mark Sherman Law appreciate the importance of controlling the narrative in court, and in your favor. Our lawyers will be able to guide you through the process as quickly and as cost-effectively as possible. Our certified Avvo.com former client reviews speak for themselves. We are available to take your call 24/7 at (203) 358-4700.