Stamford Protective Order Lawyer
A protective order is similar to the temporary conditions of release that the police initially put in place when a person is arrested. What the order is intended to do is protect the complaining party or victim from the person who is arrested for the domestic violence disorderly conduct. Now, it is an order by the court of guidelines for how and to what extent the arrested person may have contact with the victim or complaining party.
It may be critical to learn more about the penalties you can face, by contacting a Stamford protective order lawyer. Speak with a distinguished domestic violence attorney right away.
Common Prohibitions Under a Stamford Protective Order
Stamford protective order lawyers know that family violence orders can prohibit the arrested person from assaulting, threatening, harassing, intimidating, or stalking the protected party who is the victim or complaining witness. The step above that is that the court may say that the arrested person may have some contact with the protected party but cannot live and reside in the same residence that the protected party lives in.
Above that is that the court can order that the arrested person cannot have any contact whatsoever with the protected party either in person or by any other form of communication including electronic communication. There are those four levels going from no prohibitions on contact to having no contact whatsoever.
Following the First Court Date
After the first court date is over, the judge will make the decision about the protective order, any conditions of release, and whether there should be a financial or monetary bond put in place. After the judge has made those decisions, the person will be given a physical hard copy of their protective order. They will be told what conditions are put in place by the judge in terms and conditions of their release. The judge can then assign a new court date to the defendant and the person will be free to go for the rest of that day. Having a Stamford protective order lawyer present for the first court date can help set a path towards a beneficial outcome.
Length of a Protective Order
The protective order will remain in place for the entire time that a person’s case is pending. Unless and until the case is completely resolved, the protective order will be in place. That can be anywhere from a few months to a few years.
What are Fernando A. Rights?
Fernando A. rights originate from a Connecticut Supreme Court case called State versus Fernando A., which was decided in 2009. Typically in court for the shorthand, people will refer to the rights that were decided or provided by the Connecticut Supreme Court in that decision as Fernando A. rights.
The Fernando A. rights that came from the Connecticut Supreme Court’s decision are that a person that is arrested and that is a defendant in a domestic violence case who is subject to a protective order has the right to ask the court for a hearing to consider whether there is a continuing need for the protective order to remain in place.
Challenging a Protective Order Request
The court in Fernando A. states that a defendant has the right to request the trial take place immediately. If they do not make that request on the first day at court, they cannot challenge the necessity of a protective order later on.
It is important for people to know that if they wish to challenge the necessity for a protective order that is put in place by the judge on that first court date, that person generally needs to make the request for a Fernando A. hearing at that first court date.
As a Stamford protective order lawyer knows, once a person makes the request, the court must hold a hearing. When they hold the hearing will be as soon as practically possible, but the decision does not set a specific time, but it will generally be within a few days to a couple of weeks at most.
Some courts will accept a request for a Fernando A. hearing at subsequent hearings in the process of the arrested person’s case. That said, the arrested person should assume that their Fernando A. rights would not be available to them if they were not requested on that first court date.