New Canaan Protective Order Lawyer
If you are subject to a protective order or may soon find yourself in that situation, it is a good idea to talk to a New Canaan protective order lawyer. A top-rated defense lawyer who understands protective orders can also help you comply with the provisions to avoid violations and defend against any allegations of a violation.
What Are Criminal Protective Orders?
Criminal courts issue protective orders in New Canaan in connection with pending criminal cases. Often, an order may be issued against parties in domestic violence cases. These orders usually remain in effect until the criminal proceedings conclude.
Connecticut General Statutes (C.G.S.) §53a-40e enables criminal courts to issue standing criminal protective orders of longer duration, beyond the resolution of the case. Standing criminal protective orders and other types of protective orders may restrict all contact between parties, or the order may permit limited contact. The least restrictive type of protective order contains prohibitions on behavior only when it is threatening or intimidating. A protective order lawyer in New Canaan can review the terms of an order to explain the conduct that is and is not allowed under the order.
How Can Civil Protective Orders Affect Me?
If someone believes they are in danger from a person with whom they share a qualifying domestic relationship, they can ask the court to impose a civil restraining order against that person. Family or household members that qualify under C.G.S. §46b-38a include:
- Spouses and ex-spouses
- People currently or recently in a dating relationship
- Couples who parented a child together
- Parents and children
- Anyone related by blood or marriage
- People currently or formerly living together
What if I’m Not in a Domestic Relationship with the Person?
If an individual who has suffered sexual assault, sexual abuse, or stalking fears they are in danger from someone who does not qualify under the statute as a family or household member, that individual may still seek a protective order from a civil court. Instead of a civil restraining order under C.G.S. §46-15, they would seek a civil protection order under C.G.S. §46b-16a.
What Are the Penalties for Violating Protective Orders?
Violation of a civil protection order in New Canaan is a Class D felony, while violations of criminal protective orders and civil restraining orders can be Class C or Class D felonies depending on the situation. The penalty for a Class D felony includes up to five years in prison and a fine of up to $5,000, although a New Canaan protective order attorney can advocate for alternative penalties.
Potential penalties double when the violation is treated as a Class C felony, with a maximum sentence of ten years in prison and a fine as high as $10,000. A violation can be treated as a Class C felony if it involves conduct such as harassment, assault, threats, or restraint.
Work with a New Canaan Protective Order Attorney
Even when criminal charges in a domestic violence case are minor, the consequences become very serious when a protective order is involved. Violation is always a felony. To protect yourself, you are advised to work with an experienced New Canaan protective order lawyer.
An attorney can assist with compliance or defend against charges of a violation. For a consultation to learn how a protective order attorney could help in your circumstances, contact Mark Sherman Law today.