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    Milford Restraining Order Lawyer

    If you have recently had a restraining order taken out against you or learned that someone is pursuing one against you, you may have lots of questions about exactly what this means for you and how the court’s decision could impact your rights and prospects. Whether you want to contest a restraining order petition or need help handling a criminal charge arising from an alleged violation of such an order’s terms, you have help available from a qualified Milford restraining order lawyer with extensive experience handling situations just like yours.

    Protective Orders Versus Restraining Orders

    Protective Orders and Restraining Orders are often used interchangeably to describe the same thing – an order protecting one person from another person having specific kinds of contact with them. Technically speaking, a protective order is issued by a criminal court without anyone specifically having to apply for them. Restraining orders, on the other hand, are issued from the civil or family court after an individual, the applicant, specifically applies for one.

    The criminal court has discretion to issue protective orders in cases involving family violence as well as cases involving stalking, harassment, sexual assault, and risk of injury to a minor. The civil court can grant a civil protective order to anyone who is the victim of sexual assault, sexual abuse, or stalking. The family court can grant a temporary restraining order protecting someone who is the victim of domestic violence at the hands of a family or household member.

    In the criminal court, the defendant can contest a protective order via a hearing. In that instance a defendant has to specifically request the hearing. In the civil or family court arena, a hearing date is always given from one to two weeks after the application is filed, without the respondent having to ask for it.

    A Milford Restraining Order Lawyer can help you navigate the process and advocate for you in court.

    Fighting Against a Restraining Order Violation Charge

    Regardless of which court imposed the protective order, a violation of any kind can result in an arrest and prosecution for a felony offense under Connecticut General Statutes (C.G.S.) § 53a-223b. Most of the time, this type of offense will be treated as a Class D felony, meaning that even a first-time offender with no prior criminal record may face up to five years of imprisonment plus $5,000 in maximum fines upon conviction.

    However, if someone violates a restraining order specifically by harassing, assaulting, threatening, molesting, attacking, or restraining the physical or personal liberty of a protected party, their offense would be upgraded to a Class C felony carrying a prison term of between one and 10 years and $10,000 maximum in fines. Guidance from a knowledgeable restraining order defense lawyer in Milford can be vital to handling either type of charge in a proactive and effective way.

    Contact a Milford Restraining Order Attorney for Assistance

    Once a court puts a restraining order into effect against you, the terms of the order carry the full weight and authority of the Connecticut criminal justice system behind them, and any violation of those terms will be prosecuted severely. With that in mind, you should make it a priority to seek help from a seasoned Milford restraining order lawyer no matter what issue related to a restraining order you are dealing with. Call Mark Sherman Law today to discuss your options and click here to view what previous clients have to say about working with us.