Weston Violation of Protective Order Lawyer
If you have been charged with violating a protective order, you need a tough, dedicated domestic violence attorney to help defend you from serious consequences. A Weston violation of protective order lawyer could explain your options in a confidential setting, contest your charges on their merits, and work tirelessly to secure a favorable final outcome on your behalf.
What Counts as a Criminal Protective Order Violation?
Once a court has issued a protective order in response to an allegation of domestic violence, the terms will remain legally enforceable until the conclusion of the ensuing criminal case. Any breach of these terms, even an accidental one, could lead to criminal sanctions that may be even more severe than those associated with the original domestic violence offense.
There are three core elements to a charge for violating a protective order, each of which the prosecution must prove for a conviction. Namely, the prosecution must show 1) that a Connecticut court had in fact issued a valid protective order, 2) that the defendant knew they were subject to that order, and 3) that the defendant nevertheless violated one or more terms included in that order.
How Can the Terms of a Protective Order be Breached?
Different behaviors could constitute a breach of a protective order depending on the specific terms of the order. For example, violating a “partial” order that only forbids continued harassment of the protected party might involve allegedly engaging in aggressive or confrontational behavior with that protected party.
On the other hand, a person subject to a “full no-contact” order could face criminal charges over something as simple as sending a text message to the protected party or accidentally including them in an email to multiple recipients. A seasoned Weston attorney may be able to highlight the fact that a defendant did not intentionally or knowingly breach the terms of a valid order in an effort to minimize the sanctions they might face.
What are the Consequences of Violating a Protective Order?
Under Connecticut General Statutes §53a-223, violating a protective order is considered a Class D felony under most circumstances. This means that a conviction could lead to maximum sanctions of five years in prison and a fine of $5,000.
However, if a person violates a protective order by assaulting, molesting, attacking, or threatening the protected party, their ensuing criminal charge may be classified as a Class C felony punishable by between one and ten years of imprisonment plus a $10,000 fine. Additionally, violation of an ex parte protective order meant to expire upon the conclusion of a domestic violence criminal case may lead to a standing criminal protective order that can last for years or even decades.
How Can a Lawyer Help with a Protective Order Violation?
Criminal courts and judicial authorities in Connecticut take the enforcement of court orders seriously, especially protective orders stemming from an arrest for alleged domestic violence. If you are facing charges of a protective order violation for any reason, the next steps you take could be crucial to protecting your rights and interests. A protective order violation lawyer in Weston could explain the potential consequences in a particular case and help mitigate the impact of the allegations on your future.
Work with a Weston Violation of Protective Order Attorney
Retaining a knowledgeable Weston violation of protective order lawyer could significantly strengthen your position when it comes to challenging this kind of allegation. The attorneys at Mark Sherman Law are dedicated to protecting your future. At avvo.com you can read hundreds of client reviews. Call today for a consultation about your circumstances and get the legal guidance you need.