Ridgefield Protective Order Lawyer
If you are facing a protective order, let an experienced domestic violence attorney advise you on your rights. A Ridgefield protective order lawyer could help you fight your case and build a defense.
Are There Different Types of Protective Orders?
There are three types of protective orders under state law. These include a criminal, civil, and a family protective order. The first is known as a criminal protective order. A criminal court issues these orders following a person’s arrest for specific charges. The domestic violence offenses that can lead to a criminal protective order include assault in the third degree or breach of the peace. To learn more about the criminal protective order, click here.
The second type of protective order is known as a civil protective order. These do not result from a criminal arrest. Instead, these orders are issued by a civil court following a request from the complaining witness. When a person requests a civil order, the target of that request has the right to be heard at a restraining order hearing. If the court finds the allegations credible, they can agree to the relief from abuse application. These orders are only available in a limited number of situations.
The final type is a family restraining order. An individual will apply for this kind of protective order, and a family judge will decide whether or not to grant it ex parte. After that, you will have a hearing within 10 days where you can either prove why you should be given the order of protection, or if you are the alleged abuser, you can fight the application.
Do All Protective Orders Prohibit The Same Conduct?
No. There are three “levels” of protective order in Connecticut, and within those levels’ judges can get creative. In some cases, the court will forbid any form of contact whatsoever between the parties. Other orders will allow contact between parties as long as it does not occur at the complaining witness’ residence. The most lenient protective orders simply prohibit stalking, assaulting, threatening, or harassing the protected party. The court will ultimately determine what conditions are necessary.
What Happens if I Violate the Order?
A violation of any type of protective order can land with a criminal felony arrest. Unfortunately, even innocent actions like placing or answering a phone call could result in a violation. The courts also have broad discretion in determining what constitutes the violation of a protective order. When allegations of a violation are made, the court will investigate the circumstances and determine if the party made contact that was in violation of the wording of the order or not.
According to Connecticut General Statutes Section 53a-23, violating a criminal protective order is a felony. The specifics of the violation will ultimately determine how severe the penalty could be.
In general, the violation of a criminal protection order is treated as a class D felony. Under state law, a conviction for a class D felony is punishable by between one and five years in state prison. A conviction will also carry a potential fine of up to $5,000.
Speak to a Ridgefield Protective Order Attorney As Soon As Possible
A Ridgefield protective order lawyer is ready to assist you in fighting back. Don’t tackle the courts alone. Click this link to learn from prior clients of the Law Offices of Mark Sherman just how helpful a lawyer can be. Call today to get started on your defense.