Violation of a Protective Order in Fairfield
Once a court imposes a protective order against a defendant in a family violence case, the terms of that order will remain enforceable for the entire duration of their legal proceedings, or until the court expressly nullifies or replaces it. Any violation of such a protective order in Fairfield can result in serious criminal repercussions, some of which could be more serious than those associated with the offense that led to the order being imposed in the first place. There is no substitute for support from an experienced protective order attorney in a situation like this.
What Counts as Violating a Protective Order?
No two protective orders in Connecticut are created exactly alike, so it is crucial for every person subject to one to understand the specific terms imposed upon them by the court handling their case. Individuals without prior histories of family violence or who have been accused of a relatively minor offense may only be forbidden from engaging in any further harm. More serious offenses may lead to protective orders that restrict where a defendant can physically be present and who they can contact.
No matter what terms a particular order has, courts will typically enforce those terms strictly with virtually no room for interpretation and without differentiation between intentional and accidental violations. In the eyes of most judicial authorities, someone who inadvertently violates a protective order’s terms is just as guilty as someone who knowingly and flagrantly ignores the court’s instructions.
Additionally, a protected party’s role in facilitating, inducing, or even outright requesting a protective order violation in Fairfield cannot be used as a defense against ensuing criminal charges for that violation. Protected parties will never face criminal repercussions for encouraging or manipulating a defendant into violating their protective order. This is why it is crucial to have representation from an experienced defense attorney in this situation.
What Are the Criminal Consequences for Protective Order Violations?
Under Connecticut General Statutes (C.G.S.) § 53a-223, violating a protective order in Fairfield or anywhere else in Connecticut is considered a Class D felony. However, this is only the case if it does not involve the defendant physically restraining or infringing upon the personal liability of a protected party, or if it does not involve harassing, threatening, assaulting, or attacking a protected party. This means a conviction could carry a maximum prison term of five years and/or a maximum of $5,000 in fines.
Additionally, any protective order violation that involves the behaviors listed above is considered a Class C felony, punishable upon conviction by at least one and up to ten years of imprisonment plus a maximum of $10,000 in fines. There is no situation where the violation of a protective order is considered a misdemeanor, even if the underlying charge which led to the order being put in place was categorized as such.
A Fairfield Attorney Can Help Handle Protective Order Violation Charges
Contesting allegations that you breached the terms of a protective order imposed against you can be an evidence-heavy, labor-intensive, and high-stakes endeavor. Fortunately, you have help available from a knowledgeable legal representative from Mark Sherman Law, who has experience getting favorable results from similar cases in the past. Call today to discuss options for addressing a violation of a protective order in Fairfield, and click here to read certified reviews from past clients.