When Greenwich Courts Implement Protective Orders

When Greenwich courts implement protective orders, it goes along with a criminal case. Typically, this occurs in domestic violence incidents.

If you are one of the parties in a protective order, you could benefit from representation by an experienced protective orders attorney. A criminal defense lawyer could be your advocate in the protective order hearing and throughout the underlying criminal case.

Parties in Protective Orders

Typically, in a criminal case, there would not be a petitioner of a protective order. The complainant or the alleged injured party of the crime would be called a protected person. The defendant of the criminal case and person the protective order is issued against is called the respondent. The most common types of crimes in Greenwich that lead to a protective order include disorderly conduct, assault in the third degree, risk of injury to a minor, and harassment.

Continuous Threat of Harm

Continuous threat of harm is something that would be considered in the civil realm and decided by the courts when a person might be applying for a civil restraining order. One of the things that the judge will look at is to see if there is a continuing threat or continuing harm to the applicant in that situation.

To prove a continuous threat of harm, the civil court would look at whether harm or threat has been continuing over a period of time. For example, if they see monthly occurrences that would make the judge think that this is a continuing threat, they would also look to see when the last incident was. If the last incident was a year ago and nothing has happened since then, it would not be likely that they would find a continuous threat of harm. However, if the last event was a couple of days prior, then that would increase the chances that they would make that finding.

How Does Greenwich Define Family or Household Members?

A family or a household member is defined as someone who is immediately related to the defendant. This would include a parent, sibling, child significant other, or roommate, or someone else who lives in the same residence as that person.

The case will only be considered as domestic violence if it involves the defendant and some other person who has this relationship with them. That is when the protective order comes into play. One only sees these criminal protective orders granted and issued in a case when it involves one of those relationships.

Consequences of Protective Orders

If any protective order other than a partial protective order is granted against someone, they will have restrictions on what they can do. For example, if they live with their significant other and a protective order says they cannot have contact with them, they are not able to go home. They will have to find a new place to live until the criminal case is resolved. When Greenwich courts implement protective orders, it can bring serious consequences on the individual.

Consult with a Top Greenwich Protective Orders Attorney

If you are the respondent in a protective order, reach out to an experienced domestic violence attorney for assistance. The best lawyers understand that when Greenwich courts implement protective orders, it is a difficult and emotional time for everyone involved. A sympathetic attorney could fully explain your situation and fight on your behalf for a favorable resolution. Seek the services of a top Greenwich attorney as soon as possible.