Yale Restraining Order Lawyer
If someone wants a restraining order against you, or if they have already obtained such an order, you should consider contacting a Yale restraining order lawyer right away. Restraining orders can substantially impede your personal freedom and result in serious criminal consequences if you violate them, even accidentally. A seasoned defense attorney can help you understand the order and defend against it effectively.
Who Can Get a Restraining Order?
Anyone in Connecticut who has been subject to violence from a family member, household member, or current or former intimate partner (also known as domestic violence) has the right to seek a restraining order against that individual. Unlike protective orders, which a court may issue in response to an arrest or conviction for a domestic violence criminal offense, restraining orders can be issued and enforced without any involvement from the criminal court system.
What is the Process of Obtaining a Restraining Order?
The restraining order process in Connecticut begins with the person seeking protection (the “applicant”) filling a written application for such an order and submitting it to the clerk of the local superior court where either they or the person they want restrained by the order lives. If the applicant believes they are under imminent threat of physical harm, they may elect to pursue an ex parte order which, if granted, would take effect immediately after the judge receives their application and last until a formal hearing takes place.
Whether a petitioner seek an ex parte order or not, they must provide copies of all the documents and forms they filed with the court to a state marshal or equivalent law enforcement officer, who will then serve the papers on the person who would be restrained by a prospective order. Under state law, the subject of a proposed restraining order must receive this notice at least three days before an ensuing court hearing about the order. Importantly, unless and until this is served upon the subject, the order is not in effect!
Regardless of whether an order is issued ex parte, a hearing will be scheduled to determine the application. This hearing itself provides both parties—the applicant and the proposed subject of the order—a chance to present evidence for their position on whether the order should be granted. If the court ultimately grants a “permanent” restraining order, that order will generally last up to one year after being issued. Additional procedures like meetings with Family Relations Counselors may occur prior to this hearing in some situations, as a Yale restraining order attorney could explain in more detail.
What are the Potential Consequences of Restraining Order Violations?
Regardless of their criminal history or lack thereof, anyone subject to a restraining order could face serious criminal repercussions if they violate the terms of such an order either accidentally or intentionally. Under Connecticut General Statutes (C.G.S.) §53a-223b, most criminal violations of restraining orders are considered class C felonies, meaning a person convicted of such an offense could face up to five years’ imprisonment plus $5,000 in fines.
However, if someone violates a restraining order by harassing, molesting, assaulting, or imposing any restraint on the person or liberty of a protected party, their offense becomes a class C felony punishable by a doubled maximum fine, a mandatory minimum of one year behind bars, and a maximum ten-year prison term. Assistance from a seasoned defense lawyer is especially important for anyone accused of breaching the terms of a restraining order at Yale.
Learn More from a Yale Restraining Order Attorney
Whether it stems from an underlying criminal allegation or not, having a restraining order taken out against you is a unique legal challenge that often requires a careful and comprehensive plan to manage proactively. Fortunately, assistance is available from our qualified legal representatives at Mark Sherman Law.
A Yale restraining order lawyer could be the ally you need to effectively preserve your best interests in this sensitive situation. The skilled attorneys at Mark Sherman Law have over 300 5-star client reviews that you can read by clicking here. Don’t hesitate, call today for a consultation.