Ridgefield Protective Order Violations
If you are facing a protective order and have been accused of violations, a seasoned criminal defense attorney can advise you of your rights. Let an attorney help defend your alleged Ridgefield protective order violations.
What is a Violation of Protection Order?
A violation of a protective order is a criminal offense, governed by Connecticut General Statutes § 53a-223. The statute gives the court broad leeway in not only setting the terms of a protective order but also in determining whether a person has violated that order.
The restrictions that come with a protective order vary depending on the circumstances. In cases involving serious allegations, the court could order the accused to avoid all contact with the complaining witness entirely. In other situations, these restrictions might be limited. This is common when the people involved in the case have children together. For example, the court could allow contact with the complaining witness other than at their residence.
When determining whether a violation occurred or not, the judge will consider both the alleged conduct and the specific wording of the order. When a person is accused of violating a Connecticut protective order, they have the right to an attorney and are entitled to a hearing.
Do I Have a Right To Contest The Allegations?
The hearing is where the accused has the opportunity to rebut allegations of a violation and put on their own evidence. The accused has the right to be represented by a defense attorney, while the state is represented by a prosecutor.
Both sides have the opportunity to put on evidence, including witness testimony. The state has the ultimate burden of proving that a person violated the terms of their protection order.
What Kinds of Evidence Can Help to Contest a Protective Order Violation?
While witness testimony often plays a big part in these cases, there are other forms of evidence that can be crucial in a violation hearing. Often, the alleged violation involves communication that occurred electronically. Evidence of this communication could potentially sway the court, whether it is copies of text messages, phone records, or records of social media messages.
Other evidence could also be useful at these hearings. If a person is accused of violating a protection order by making contact with the complaining victim at a certain or place, alibi evidence could exonerate them. This could include anything from security footage from another location show they were not present or even employment records establishing they were at work when the contact supposedly occurred.
Discuss Potential Protection Order Violations with a Ridgefield Attorney
If you have been accused of violating the terms of your restraining order in Ridgefield, you have the right to a hearing. To protect your rights, contact an attorney to schedule a confidential consultation today. You can go to Avvo.com to read the certified 5-star reviews from prior clients to learn just how helpful a lawyer could be.