Fairfield Restraining Order Lawyer
Anyone subject to a restraining order still has legal rights, and assistance from a qualified domestic violence attorney is often vital to enforcing those rights and avoiding harsh penalties. If you want to contest an application filed against you or discuss the penalties that might follow an order violation, speak with a Fairfield restraining order lawyer today.
How Do Restraining Orders Work in Fairfield?
Protective order and restraining order are used fairly interchangeably. They are both orders of the court to cease a certain level of contact with another specific person. A criminal court can issue one after an arrest for domestic violence-related charges, a civil court can issue one on allegations of stalking, sexual abuse, or sexual assault (known as a civil protective order), or a family court could issue one for domestic violence, even in the absence of an arrest (known as a relief from abuse protective order).
Violating any kind of Fairfield protective order, in any manner, could result in a felony arrest without the help of a skilled attorney.
How Long Does a Protective Order Last?
For Criminal Protective Orders, the order typically remains until the end of the case, but in some instances can last beyond the end of your criminal case. For Civil Protective Orders and Relief from Abuse Protective Orders, protection can last anywhere from 2 weeks to over a year.
After applying for an order, it may be granted ex-parte (meaning without hearing from the other side) for a period of two weeks, until you can come back for a hearing. If pre-hearing mediation between the involved parties is unsuccessful and the Superior Court judge sides with the filing party, they may grant a restraining order with an expiration date of one year from issuance. Once that time has passed, the protected party may re-apply for an extension if they still feel they are at imminent risk of harm. In some situations, it is also possible to apply for early termination of this type of restraining order with help from a qualified Fairfield attorney.
What are the Criminal Consequences for Restraining Order Violations?
There are several types of restraining orders, including:
- Partial orders that only prohibit any future harassment or abuse of the protected party
- Residential stay-away orders that prohibit the target from cohabitating or being in close physical proximity in any other context to the protected party
- Full no-contact orders that forbid all interaction between the target and the protected party
Regardless of a specific order’s terms, any violations may lead to severe criminal sanctions. According to Connecticut General Statutes §53a-223b, the criminal violation of a restraining order is generally a Class D felony. This means you could face up to five years of imprisonment and a $5,000 maximum fine. To learn more about the specific levels of protective orders, click here.
As a restraining order attorney in Fairfield could explain, this offense becomes a Class C felony if the violation in question involves threatening, harassing, physically or sexually assaulting, or restraining the personal liberty of the protected party. This offense is punishable by between one and ten years in state prison plus a $10,000 maximum fine.
Seek Help from a Fairfield Restraining Order Attorney
Restraining orders can alter every aspect of your life, and they are difficult to challenge in court. On top of that, any action that constitutes a breach could lead to you being prosecuted on felony charges in criminal court.
Representation from an Avvo five-star reviewed Fairfield restraining order lawyer can be vital to achieving positive results in your case. Call Mark Sherman Law today for a private consultation.