Contact Us

Case Evaluation
close

The Fernando A. Hearing – Appealing a Criminal Protective / Restraining Order in Domestic Violence Cases

The Fernando A. Hearing – Appealing a Criminal Protective / Restraining Order in Domestic Violence Cases
  • Getting arrested for a domestic violence crime in Connecticut triggers an immediate restraining order hearing.
  • You will appear at court the next business day for a court to enter a protective order against you.
  • You might be unfairly kicked out of your house and if you violate that order, you can be arrested for a felony.
  • Get a top Connecticut protective order attorney to fight back for you and appeal your hearing.


What Happens when I get arrested for a domestic violence crime in Connecticut?

When you get arrested for a domestic violence charge, the police will often order you out of your home until your first court date. You will report to court the next business day for your arraignment and the judge will enter a criminal protective order against you.

What if I am unfairly kicked out of my home by the court at my first domestic violence court date?

The best Connecticut protective order lawyers know how to fight your protective order with a “Fernando A.” hearing. This hearing will allow you to fight to get back into your home. This hearing needs to be requested at the time you are arraigned so make sure you hire one of the top Connecticut protective order attorneys as soon as possible.

What is a Fernando A. hearing?

A Fernando A. hearing is named after a Connecticut case where the Connecticut Supreme Court said you are entitled to have a hearing shortly after your arraignment to contest the need for a protective order to be in place at all. Connecticut courts enter protective orders as a matter of course but don’t let that confuse you – you can challenge the existence of a protective order with a Fernando A. hearing!

Can I subpoena DCF and other witnesses to the hearing?

Yes and you should. A Fernando A. hearing is a full evidentiary hearing. All the best Connecticut protective order attorneys will subpoena witnesses, including DCF, to testify to the judge that you are not a threat to your family and you should be let back in your home. Follow this link on how to fight a Connecticut DCF investigation.

What is a criminal protective order?

A criminal protective order is an order from the judge that you refrain from doing certain things to the protected person. The lowest level is called a partial protective order and is an order not to assault, abuse, threaten, harass, follow, interfere with, or stalk them. The highest level is called a full no contact order and prevents you from going home or having any contact with the victim.

What if I go home anyway?

You could be arrested for a Class D felony, carrying up to five years in jail, a $5,000 fine, and probation. Click here to learn more about violation of protective order arrests.

Contact a Connecticut Protective Order Attorney Today

Don’t get railroaded by a Connecticut domestic violence arrest. Hire a top Connecticut protective order attorney to fight for you. Read from our hundreds of certified Avvo.com reviews. Then call the Mark Sherman Law today at (203) 358-4700.

 

%d bloggers like this: