Connecticut Protective Order Arrests
Protective orders are often put into place in order to protect the accused and the accuser from each other. However, violating a protective order can still have criminal consequences for an individual. The charge itself is called a violation of a protective order and is considered criminal because it is a violation of a judge’s order. As a result, an individual could become the subject Connecticut protective order arrests. If an individual wants to know more about what to do following the violation of a protective order, they should consult a hard-working domestic violence lawyer that could fight for them.
Do All Protection Order Violations Result in Arrest?
Most likely, a protection order violation will result in an arrest if the protected person filed a police report and let the police know of the violation. Connecticut protective order arrests are always made against the individual whom the order is issued against. There is a carve-out in the protective order statute that says that the protected person actually cannot be charged for violating a protective order that protects them. This means that they, in no circumstances, would ever be arrested unless there was a dual protective order. A violation would not lead to an arrest if the person did not make a report of a violation because the police would not know about it. Also, if it is not a clear violation, the police might not make the arrest.
If an individual is placed under arrest for a suspected violation of a protection order they would be held by the police department and then they would be transported to the local Superior Court. After someone is arrested, they will be able to contact their attorney while they are still at the police department. Following that, the individual may have to attend a protective order hearing.
Can Someone be Arrested for Protection Order Violation if They Were Not Served with the Order?
A person cannot be arrested for protection order violation if they were not served with the order. If the person is not aware of the protective order, such as if they did not go to the arraignment and the order was never issued against them, then they would likely not be liable for it. The person does have to be aware of the terms of this order of protection before they can be prosecuted for violating it.
What Information Is Needed to Make an Arrest for Violating a Protective Order?
To initiate arrests for suspected Connecticut protection order violation, the police just need probable cause, so a reasonable suspicion that a crime has been committed. Reasonable suspicion can be challenged in court if there was some evidence obtained in violation of the constitution or if the police officers could actually not have enough evidence to constitute probable cause.
The police do not need a warrant to perform an arrest for suspected protection order violation if they, for example, see two people together who are not supposed to be together, they can immediately effectuate an arrest that the person is prohibited from being with the other person.
Is There Strict Liability for Protective Order Violations?
Typically, there is strict liability for protection order violations. If someone is not allowed to contact someone and they accidentally call them, even if it is not on purpose, they can still be prosecuted for a violation of a protective order. The types of contacts that would constitute a breach would depend on the specifics of the protective order itself. For example, if they are allowed to have no contact at all and the defendant called them or approached them in person, those could be violations.
Value of a Connecticut Protective Order Attorney
A person who is arrested or suspected of violating a protective order should definitely get in touch with an experienced protective order or domestic violence lawyer as soon as possible. They are going to have an arraignment the next business day, so it is important to do that sooner or later. A seasoned attorney could be an invaluable asset following Connecticut protective order arrests and could guide an individual through the hearing process.