Connecticut Restraining Orders Lawyer
Certain individuals can petition the Connecticut Courts for an order of protection under Connecticut General Statutes (“C.G.S.”) §46b-15 and §46b-16a. Amongst other things, these orders can prohibit you from talking to another person, from going to their home, and in some instances, they can even keep you out of your own home.
The attorneys at Mark Sherman Law often get calls about these orders of protection, also called Restraining Orders, or Protective Orders. These calls come from men and women alike who are looking for help getting a restraining order as well as those who are looking for help defending against a restraining order that has been filed against them.
In either case, if you need help with an order of protection, you could benefit from talking to a top Connecticut restraining order lawyer who can assist you in all Connecticut counties and courthouses.
Who Qualifies for an Order of Protection?
Not everyone can get an order of protection. Under C.G.S. § 46b-15, the person applying for the order (called the applicant) and the person whom it is filed against (called the respondent) must be family or household members as defined under the law.
Under C.G.S. §46b-16a, the applicant and respondent do not need to be family or household members. Here, the applicant must be the victim of sexual abuse, sexual assault, or stalking. These protective orders often follow complaints made to the police departments, or an arrest for one of the above-mentioned criminal acts. If you’ve been served with a restraining order after an arrest for sexual assault or stalking,
Regardless of whether you’re the applicant or respondent, it is critical that the proper application and paperwork is filled out. The paperwork includes a form application, an affidavit explaining the reasons for the application, and other forms depending on your specific circumstances. Our trusted Connecticut restraining order lawyers can assist with this to ensure your documents are legally enforceable.
What Happens After I Apply for a Protective Order?
After you submit an application for a protective order, you will find out several things including whether the order was granted ex parte (meaning before the other side has an opportunity to be heard) and if you are scheduled for a hearing and if so when is it scheduled. If you intend on moving forward with the hearing it is crucial that you serve the paperwork at your earliest convenience, the other party does have the right to appear at the hearing and present a defense.
What Happens When a Restraining Order is Violated?
Violation of a restraining order is a felony offense in Connecticut. An arrest for violation of a protective order may occur on scene or it may occur following a warrant issued by the courthouse in your area. If you are arrested for violation of protective order, you should contact an attorney at your earliest convenience who can help you contest the charges. Click here to learn more.
Let Our Connecticut Restraining Order Attorneys Help You
Many people have never stepped foot in a courthouse save for jury duty. It’s completely understandable therefore that you may not have the first idea of how to prepare or present your case, whether you’re the applicant or the respondent. A Connecticut restraining order lawyer who has both legal training and courtroom experience can make the entire process much easier for you. Our team knows the law surrounding restraining orders inside and out and can help you prepare your case to directly address the issues the court will be considering. Contact Mark Sherman Law today to get started.