Westport Protective Order Lawyer
Do you have a protective order in Westport? A Westport protective order lawyer could help with compliance and/or help defend you if you end up violating the terms of an order.
What are Criminal Protective Orders in Westport?
When domestic violence is alleged, criminal courts generally impose a protective order while the criminal case is in progress. The court may also issue a “standing” criminal protective order for a longer term under Connecticut General Statutes (C.G.S.) §53a-40e.
These orders may prohibit all contact between parties, or they may restrict contact or communications in specified ways. Criminal protective orders frequently prohibit the party against whom they are issued from entering the family home. The terms of a protective order can cause extreme hardship, but a Westport protective order attorney may be able to renegotiate for more favorable terms.
What are Civil Protective Orders?
When someone believes a person in their household or with whom they have a domestic relationship poses a danger, that person can ask the civil court to issue a restraining order under C.G.S. §46b-15. This type of civil protective order may be issued against spouses, former spouses, parents, children, boyfriends, girlfriends, other relatives, and people who currently or formerly lived together.
If a person has been stalked or sexually abused by someone who is not part of a domestic relationship, that person may request a civil protection order from the court under C.G.S. §46b-16a. A violation of this type of order is a Class D felony that carries the same penalties described above.
What Happens When Someone Violates a Protective Order and what are the Penalties?
Violation of a criminal protective order, standing criminal protective order, or civil protective order is a separate criminal offense and may be treated as either a Class C or Class D felony depending on the severity of the violation.
If someone violates a protective order / restraining order by stopping at the house or making a non-harassing phone call, the violation could be considered a Class D felony under C.G.S. §53a-223. A Class D felony carries with it up to five years in jail, a fine of up to $5,000.00, and / or a period of up to 3 years on probation.
If the violation involves conduct such as assault, threats, or harassment, then the offense may be treated as a Class C felony under C.G.S. § 53a-223a. The potential penalties for a Class C felony are one to ten years in jail, up to a $10,000.00 fine, up to three years probation, or any combination of the three.
Consult a Westport Protective Order Attorney
It can be nearly impossible to comply with the terms of a protective order if you do not understand those terms. Accordingly, if you are subject to a protective order, it is vital to ensure that you know how to avoid a violation.
A Westport protective order lawyer may be able to help you seek favorable terms or provide an aggressive defense if you have been accused of violating an order. For a consultation to learn how a protective order lawyer could help, call Mark Sherman Law today.