Darien Protective Order Lawyer
There are different kinds of protective orders depending on the issuing court, the relationship between the parties, and the severity of the alleged conduct which an attorney can help with. It can be confusing to understand the terms, but a Darien protective order attorney can help.
When Are Protective Orders Issued?
Darien protective orders may be issued by criminal or civil courts. Criminal courts typically issue criminal protective orders to keep parties separated during domestic violence proceedings. These orders usually remain in force for the duration of court proceedings, but the court may also issue standing criminal protective orders of longer duration.
Civil courts issue restraining orders when individuals assert that they feel threatened by family or household members or others considered to be in a domestic relationship. If you have been the victim of stalking, sexual abuse or sexual assault and feel threatened by someone who does not qualify as a family or household member, you may ask a civil court to issue a civil protection order under Connecticut General Statutes (C.G.S.) §46b-16a.
What Are Some Penalties for Violating a Protective Order?
The Connecticut penal code contains four separate statutes covering violations of a protective order, and the type of order involved determines which provision applies to a violation. Violating a protective order in Darien is most often treated as either a Class C or Class D felony, depending on the circumstances.
When your alleged violation is prosecuted as a Class D felony, you can be imprisoned for up to five years and required to pay a fine of up to $5,000.
The following types of more severe conduct can cause the violation to be treated as a Class C felony:
- Assaulting (including sexual assault)
- Imposing restraint
If you’re found guilty of a Class C felony, you would face a sentence of one to ten years in prison. In addition, the court may impose a fine of up to $10,000. These penalties for protective order violations are levied in addition to penalties for any additional crime involved in a case, although a protective order attorney in Darien could advocate for an alternative sentence if possible.
Talk to a Darien Protective Order Attorney
It is a good idea to talk to a Darien protective order lawyer if you are, or may be, subject to a protective or restraining order. An attorney can seek more favorable terms or at least help avoid confusion and compliance issues.
If you are accused of violating a protective order, a defense lawyer can also protect your rights and defend your interests. To learn more about how a criminal lawyer can help in your case, call for a confidential consultation with one of the attorneys at Mark Sherman Law.