Greenwich Restraining Order Lawyer
When you’ve been served with a protective order it can be hard to know what to do first. Should I reach out to the person? Can I go home? It’s often in your best interest to have your first course of action be to call a skilled Greenwich restraining order lawyer who can help guide you on the right path, protect your rights, and explain how to avoid violations. Contact our trusted domestic violence attorneys today.
How Does a Restraining Order Get Granted?
Protective orders granted after an application by a party are issued out of either the civil court or the family court. This means that an individual has to go to the court, fill out an application, and submit it to a judge. After submitting this application, you are not guaranteed an order of protection immediately. In some circumstances, judges will grant a restraining order on an ex parte basis for up to two weeks until a hearing can be held. Ex parte means that the judge is granting an order limiting another’s freedom without them first having the opportunity to be heard.
If a judge does not grant an order ex parte, you will have to wait one to two weeks for a hearing where you can argue to the judge as the applicant why it should be granted. You need to give the other person notice though, and they have the right to come and defend against the application.
Is It Possible to Contest a Restraining Order Application?
Yes – it is possible to contest an application. During the hearing, the applying party has the burden of proving through a “preponderance of evidence”—in other words, of presenting enough evidence to show it is more likely than not—that the allegations of threatening, harassment, assault, or similar behavior included in their original petition are true. Importantly, the person who had the order filed against them, the respondent, has the right to contest the applicant’s claims during this hearing, which can including cross-examining evidence presented by the applicant as well as presenting their own evidence in their defense.
With this in mind, it can be very important to seek help from a Greenwich restraining order attorney as far in advance of such a hearing as possible, in order to more effectively prepare a comprehensive defense strategy. Legal counsel can also provide guidance on how to handle pre-hearing proceedings, such as meetings with representatives from the court’s Office of Family Relations.
Dealing With a Restraining Order Violation Charge
If a court rules in favor of the applicant during a restraining order hearing and issues a temporary restraining order, that order will remain in effect for up to one year unless explicitly nullified by the court. Any violation of the terms imposed by such an order under any circumstances can result in an arrest and prosecution for a Class D felony offense carrying maximum penalties of five years imprisonment and $5,000 in fines, per Connecticut General Statutes (C.G.S.) § 53a-223b.
Furthermore, any restraining order violation that involves harassment, assault, molestation, threatening, or restricting the personal liberty of a protected party constitutes a Class C felony punishable by a prison term of one to 10 years plus a maximum of $10,000 in fines. In both scenarios, representation from a skilled restraining order lawyer in Greenwich will almost certainly be essential to achieving a positive resolution in or out of court.
Let a Greenwich Restraining Order Defense Attorney Help
Even if you disagree with the grounds on which a restraining order against you is based, it is vital to comply with its terms at all times and to be proactive about protecting your rights in the event you are accused of breaching those terms. Along similar lines, help from a Greenwich restraining order lawyer can be vital both to effectively challenging a restraining order petition and minimizing the impact of a restraining order violation arrest. Call Mark Sherman Law today to discuss the options available to you in your situation and visit our Avvo profile to learn what previous clients have said about working with us.