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    Danbury Restraining Order Lawyer

    Finding out that someone has applied for or been granted a restraining order against you is often an uncomfortable experience. The experience can be made even more difficult when the applying person is a family or household member. The clock on these matters runs fast, and it’s important to take a proactive approach to protect your rights and reputation. If you have questions about what restrictions a restraining order may have on you or what you could potentially do to contest one, you should make it a priority to speak with a Danbury restraining order lawyer sooner rather than later.

    What Are the Prerequisites for a Restraining Order?

    Protective orders and restraining orders are often used interchangeably, and that’s because they are essentially the same. Under Connecticut Law, the criminal courts can issue protective orders following an arrest for family violence offenses. If no arrest has taken place, or if an individual wants additional protections, they can apply through the family courts for a temporary restraining order.

    To do the latter, you need to be filing against a family or household member. This can be someone related to you by blood or marriage, someone you have dated or are dating, or someone you live with. The applicant also must present evidence, initially in the form of an affidavit, that they’re the victim of domestic violence as defined under the statutes.

    If the two prerequisites above exist, that individual fills out an application and submits it to the court. The Judge will review the application and then do one of two things. The Judge will either grant the protective order ex parte for one to two weeks and give the applicant a hearing date OR the Judge will deny the protective order ex parte and give the applicant a hearing date.

    At that hearing, regardless of whether an ex parte order was granted, the applicant has the opportunity to prove to the Judge by a preponderance of the evidence that they qualify for an order of protection. Similarly, the defendant or respondent will be able to put on evidence to defend against the allegations and argue for the application to be dismissed.

    Whether you’re looking for help applying for a protective order or defending against one, a Danbury restraining lawyer attorney can help walk you through the process and advocate for you.

    What Terms Can a Restraining Order Include?

    Danbury Restraining Orders can seriously limit a person’s freedom. There are three basic levels of protective orders: a partial, a residential stay away, and a full no contact. A partial protective order prohibits the respondent from assaulting, threatening, harassing, abusing, following, stalking, or interfering with the applicant. A residential stay away prohibits the same, and prohibits the respondent from going to the applicant’s house or wherever they shall reside. A full no contact prohibits everything a residential stay away prohibits as well as any form of communication with the applicant. A judge can extend these orders to the applicant’s minor children and pets as well. A judge can also add specific conditions, like a 100 yard stayaway, or carveouts for communication.

    Any Danbury lawyer familiar with restraining orders will tell you, attention to detail is key. Do not cut corners when it comes to reading these orders and reach out to a knowledgeable advocate for help if you are confused.

    Potential Consequences of Restraining Order Violations

    Attention to detail is key. Violating a restraining order, even one issued by a family court judge, in any manner can result in your arrest for a felony criminal charge under Connecticut General Statutes § 53a-223b. If the violation involves the defendant threatening, harassing, assaulting, molesting, or restraining the physical or personal liberty of a protected party, the offense is elevated to a Class C felony.

    Note, however, that only the respondent can be prosecuted for violating an order. If a no contact order is in place and the applicant reaches out to you, the respondent, you cannot answer! You are the one that can get arrested and be made to appear before a criminal judge. A restraining order is frustrating enough, a criminal case can be devastating to your personal and professional life. Support from a skilled restraining order lawyer in Danbury can be especially important to handling situations like this effectively.

    Consider Working With a Danbury Restraining Order Attorney

    Restraining orders are taken extremely seriously by law enforcement authorities and court officials throughout Connecticut, and violations tend to be prosecuted harshly regardless of whether you are a first-time criminal offender or not. That said, you still have rights even if you are subject to a restraining order, and a qualified Danbury restraining order lawyer from Mark Sherman Law can provide irreplaceable help with enforcing them. Call today to learn more and click here to visit our Avvo profile with over 300 certified reviews.