Hiring a Lawyer for Protective Order Violations at Mohegan Sun Casino
While the Mohegan Sun Casino is located entirely on land which the Mohegan Tribe has sovereign authority over, orders issued by the Connecticut court system are still valid and enforceable on Mohegan land, and anyone who breaches the term of such an order while at the Mohegan Sun may face criminal prosecution in Connecticut for their actions. That said, you still have important legal rights as well as various options for contesting alleged protective order violations while at the Mohegan Sun and guidance from a seasoned defense lawyer will likely be vital to making the most of both.
What Counts as a “Violation” of a Protective Order?
Whether it is a temporary protective order issued during the initial arraignment for an alleged family violence offense, a “standing criminal protective order” issued after a criminal conviction for such an offense, or a protective order issued by the civil or family court, the terms of a protective order remain in effect until a pre-determined expiration date or until a court explicitly declares them to be void. Those terms are also not restricted by the boundaries of the state of Connecticut, especially if they include a prohibition on being physically close to a protected person or having contact with them in any way.
Another thing worth noting is that the protected party or parties covered by a protective order are the ones who are in control in virtually every scenario involving the enforcement of the protective order’s terms. For example, if a protected party ends up visiting the Mohegan Sun at the same time as someone who is prohibited from being in close physical proximity to them, the latter person is the one who must leave the casino immediately, and also the one who may face criminal charges if they fail to do so.
Furthermore, it is possible to be prosecuted and convicted for a protective order violation at the Mohegan Sun Casino even if the protected party was the one who initiated the violation—for instance if someone with a no-contact order was contacted first by the protected party and asked directly by them to respond. Proactively dealing with charges arising under these kinds of circumstances is something a skilled defense attorney could provide irreplaceable assistance with.
Possible Consequences of a Protective Order Violation
Under Connecticut General Statutes (C.G.S.) §§ 53a-223 and 53a-223a, any violation whatsoever of a protective order or standing criminal protective order can be prosecuted as a Class D felony, regardless of the order’s initial terms or whatever the original domestic violence offense was which led to the order being imposed. This means something as simple as a text message could carry criminal sanctions of up to five years plus a maximum of $5,000 in fines if it is in breach of a valid protective order issued by a Connecticut court.
In addition, anyone who violates a protective order while at the Mohegan Sun Casino specifically by physically restraining, harassing, threatening, assaulting, or otherwise attacking a protected party may be prosecuted for a Class C felony. This means they could face a mandatory minimum one-year prison term up to a maximum 10-year sentence, plus $10,000 in maximum fines.
Talk to a Qualified Attorney About a Protective Order Violation Charge at the Mohegan Sun Casino
Whether it was an accident or not, violating a protective order in any way while on the grounds of the Mohegan Sun Casino can have very serious legal repercussions in Connecticut. Arrests stemming from alleged protective order violations do not always result in criminal convictions, and a seasoned attorney’s assistance is key to ensuring your specific case has the best possible resolution for you. Learn more by calling the Law Offices of Mark Sherman today and clicking here to view some of our certified client reviews.