We are getting a lot of calls lately from disgruntled defendants who are walking out of Danbury, Norwalk and Stamford domestic violence courts frustrated with the court system. They have been arrested in Darien, New Canaan, Greenwich or Stamford for CGS 53a-182 Disorderly Conduct and other domestic violence charges. They made the mistake of appearing at their domestic violence arraignment without a lawyer and after a 3-minute court appearance, they were ordered not to return to their own home for a minimum of 4 to 6 weeks.
Is this possible? Can anything be done to stop the Court from ordering a husband or wife out of their own home for 4 to 6 weeks for a simple Stamford 53a-182 Disorderly Conduct charge? Yes, you have options to fight back. Here’s how to stop this madness…
If you are not already represented by a top Stamford Connecticut criminal lawyer, then you should get to court early on the next business day following a Stamford domestic violence arrest. You will first meet with family relations officers who will conduct a safety assessment of the residents in your home to determine whether it is safe for you to return to the home after your arrest. At that court date, a restraining order / protective order hearing is held where a Superior Court judge must decide if you are allowed to return to your home, and if you are allowed to have contact with your family or loved ones.
Three types of restraining orders can be issued against you: (1) a “full no contact” protective order, forbidding any kind of contact with the protected person, (2) a “full” or “residential stay-away” protective order, allowing contact but banning your return to the residence of the alleged victim, or (3) a “partial” or “limited” protective order which allows you to have contact and reside with the protected person, but orders you not to assault, threaten, intimidate or harass them. As any of the top Stamford Connecticut criminal lawyers will advise, take these Stamford restraining orders very seriously. Any violation of them—even a technical violation—can get you arrested in Stamford or Greenwich Connecticut for a Felony Violation of a Criminal Protective Order under CGS 53a-223.
So who decides which category of restraining / protective order is entered against you in your Stamford domestic violence arrest? Ultimately, it’s the Stamford Connecticut domestic violence or arraginment judge. But here’s who huddles up before your restraining order hearing and arraignment to weigh in on this decision behind closed doors:
The Office of Family Relations: They are an experienced group of social workers and attorneys who are responsible for conducting intake and risk assessment interviews. They monitor certain domestic violence cases and work with the judges and prosecutors to reunify families and help them heal and recover from your Connecticut domestic violence arrest. While they are there to help you, they are not your attorneys and everything you say to them can and may be used against you at a later date in your Stamford domestic violence criminal case.
The State’s Attorney’s Office: They are the prosecutors and district attorneys who are responsible for prosecuting the domestic violence crimes with which you are charged. They are lawyers who work side by side with the police and detectives who have arrested you. They have the power to drop the charges against you, as well as add charges based on evidence they acquire during your case.
Domestic Violence Victim Advocates: In Stamford Connecticut domestic violence court, these victim advocates routinely speak with the accusers and victims in your case. Their mission is to voice the victim’s position at every court date and to continue to provide the domestic violence prosecutor with input of the victim.
These are just some of the agencies and court officers who participate in a domestic violence arraignment. There is also the Office of the Bail Commissioner who can make additional recommendations to the State’s Attorney or domestic violence judge about your conditions of release. Thus, with all of these participants involved in your case, it is a good idea to have a top Stamford criminal attorney lawyer to reach out to these different professionals and begin advocating for you.
The best and top Stamford criminal domestic violence lawyers have noticed a trend of conservatism and caution among Stamford criminal court arraignment judges, domestic violence judges, and the family relations officers who advise these judges. Recently there have been some brutal domestic violence assaults and attempted murder cases in New Canaan, Greenwich and Stamford. Judges, prosecutors and police are not taking many chances in letting accused wife batterers and husband batterers return to the family home so quickly. As a result, courts are encouraging a lengthier “cooling off” period after a Stamford domestic violence arrest. This means that Full No Contact protective orders and Full / Residential Stay-Away protective orders are being ordered more frequently. While there are scenarios where this may in fact be warranted, we advise you to hire a top Stamford criminal lawyer or top Stamford domestic violence lawyer to challenge and fight against your 53a-182 Disorderly Conduct domestic violence arrest. You need a Stamford Disorderly Conduct criminal lawyer to object to any proposed protective orders. Judges will listen, but your voice needs be heard. So call an experienced Stamford domestic violence lawyer today to guide you through your Stamford Connecticut domestic violence arrest.