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    Fighting a Family Court Restraining Order in Danbury

    When a Connecticut Family Court issues a protective order, it can be a scary and confusing time. What am I allowed to do? What can’t I do? Why was this issued? A Danbury restraining order attorney can help explain the parameters of your order and review your case to help you fight back against the order.

    When do Courts Issue Family Violence Restraining Orders?

    Under Connecticut General Statutes (CGS) § 46b-15, family violence restraining orders originate in Family Court when someone alleges that they feel threatened by a family or household member. That person comes to the Family Court to request an order by filing an application along with supporting documentation. Then the court will either schedule a hearing to discuss issuing the order or reject the application.

    If the court schedules a hearing, the judge may issue a temporary ex parte restraining order that will be in effect until the hearing date. An ex parte order is granted based on just one party’s allegations. Before issuing a restraining order of longer duration, the court will give the other party the opportunity to fight the family court restraining order in Danbury.

    How do I Fight a Family Court Restraining Order?

    If you feel that the party seeking the order has no grounds to do so, it’s important to be prepared to argue why. Before the hearing in Family Court, the Court often has the parties involved undergo mediation proceedings with a family relations officer. The person interested in fighting a Family Court restraining order in Danbury should have arguments and evidence prepared before this meeting. A defense attorney could assist in preparing arguments against the imposition of an order or in favor of the least burdensome terms. An experienced attorney could also attempt pre-hearing discovery to require the other party to produce documents and sit for depositions.

    Mediation requires voluntary agreement to succeed, so if the parties fail to agree, then both the party seeking the restraining order and the person fighting it will need to present arguments and evidence in the hearing in Family Court. In some cases, it may make sense to subpoena phone and social media records to reveal the truth behind allegations of threatening behavior. During the hearing, it may be possible to confront and challenge assertions.

    Let a Danbury Attorney Help Fight Your Restraining Order

    It is sometimes possible to produce evidence to show that the person seeking a restraining order does not have valid grounds for issuance of an order. It is essential to present persuasive arguments during or before the hearing. Once an order is issued, it is typically in place for one year, and court intervention is necessary to shorten it.

    To succeed in fighting a Family Court restraining order in Danbury, it can be tremendously helpful to work with an experienced defense attorney who understands strategies that have achieved results in the past. To discuss your situation and your options, call Mark Sherman Law.