Greenwich Protective Order Lawyer
If you are subject or may be subject to a protective order, contact a criminal defense attorney for help understanding the terms and how to avoid violations. A top Greenwich protective order lawyer can help with all aspects of protective order management.
What is the Purpose of a Protective Order?
Courts issue protective orders in connection with domestic violence cases and other situations in Greenwich where they seek to prevent one party from harassing another. Both civil and criminal courts issue protective orders, and the terms of these orders often vary. One thing that remains the same is that violation of any of these orders is a serious felony offense.
Some orders are issued almost automatically by courts to prevent contact between parties to a dispute. Other orders are sought by one party against another. Although courts may issue orders on an “ex parte” basis, where the judge hears from only one side of the conflict, these orders are usually of short duration. The court will typically listen to arguments from both parties before issuing a long-term order. A Greenwich protective order lawyer could help by persuasively presenting arguments for favorable terms so that a protective order becomes less of a burden.
What is a Criminal Protective Order?
Criminal protective orders and standing criminal protective orders are issued by criminal courts. A typical protective order may be imposed at the arraignment and remain in effect through the duration of criminal proceedings, most often in domestic violence cases.
Standing protective orders issued under Connecticut General Statutes (C.G.S.) §53a-40e usually last much longer. Courts issue a standing protective order when the “history and character” of the person involved shows that continued restrictions will serve the public interest. Standing protective orders may prohibit one person from entering the home and ban conduct deemed to be threatening, harassing, assaulting or to constitute restraint.
A protective order lawyer in Greenwich could argue that circumstances do not warrant imposition of a standing protective order or that good cause exists for revocation or modification of an order.
What is a Civil Restraining Order?
Unlike criminal orders issued routinely by the courts as a preventative measure, civil restraining orders and civil protection orders originate with a request from someone who believes they are in danger of harm or harassment. A person who has been the victim of sexual assault, sexual abuse, or stalking may seek a civil protection order against the other party involved, regardless of whether they were in a domestic relationship.
What are the Penalties for Violating a Protective Order?
It is a Class D felony to violate a protective order under C.G.S. §53a-223. The criminal penalties for a non-violent violation of a protective order include up to five years in prison, a fine of up to $5,000, and / or up to three years on probation.
If violation of the order involves restraint, harassment, assault, or threatening behavior, it is heightened to a Class C felony with penalties of 1-10 years in prison, up to $10,000 in fines, and / or up to three years on probation.
It is important to take protective orders in Greenwich very seriously. Those who do not understand how to comply with the terms risk violating those terms and subjecting themselves to severe penalties. In addition, a violation creates a criminal record that can cause difficulties with employment and other aspects of life for years to come.
Consult a Knowledgeable Greenwich Protective Order Attorney
If you are subject to a protective order of any kind, consult a Greenwich protective order lawyer for guidance. A knowledgeable legal advocate can provide sound and representation to minimize the potential consequences. To learn more about the advantages of working with an experienced protective order lawyer, call Mark Sherman Law.