Wilton Protective Order Lawyer
What are Criminal Protective Orders?
When police make an arrest in a family violence situation, the criminal court usually issues a criminal protective order. This order will remain in place until the case is resolved. If you are subject to one of these orders, speak with a Wilton protective order lawyer.
When do Courts Impose Protective Orders in Wilton?
Protective orders in Wilton are most often issued in domestic violence cases. Domestic violence is not a specific offense but refers to certain crimes alleged between members of the same family, household, or dating relationship.
Both civil and criminal courts may issue protective orders, and the terms can be very broad, prohibiting all communication between parties, or restrict only certain types of conduct. Protective orders can impose a serious burden on your life, but a Wilton lawyer may be able to seek more favorable terms.
What Happens When I Violate a Protective Order?
You will be charged with a felony. Violation of a criminal protective order is addressed in Connecticut General Statutes (C.G.S.) §53a-223. Courts treat a breach of an order as a Class D felony unless the violation involves:
- Imposing restraint
- Sexual assault
When a violation involves one of these factors, then the offense is treated as a Class C felony. A Wilton attorney could seek to prove that any alleged violation of a protective order lacked this type of violent behavior.
What is a Standing Criminal Protective Order?
If the court believes that a criminal protective order should remain in place for a longer period, the court may issue a standing criminal protective order under C.G.S. §53a-40e. The terms of this type of order may also vary depending on the circumstances.
A violation of a standing criminal protective order is treated similarly to a violation of a standard criminal protective order. When penalized as a Class D felony, the maximum sentence is five years of imprisonment but that maximum increases to ten years if the violation is treated as a Class C felony.
What are Civil Protective Orders?
Individuals who have been the victim of stalking, sexual abuse, or sexual assault may request an order of protection from a civil court. Violation of this type of order is a Class D felony. Civil protective orders are issued after a hearing in civil court. When an individual fears violence from a relative, someone in their household, or someone with whom they have had a child or dated, that person may seek a restraining order from a civil court. Violation of a civil restraining order is penalized similarly to a violation of a criminal protective order. A Wilton lawyer could seek evidence to demonstrate that conduct alleged to violate a protective order actually fell within the acceptable parameters of the order and did not constitute a violation.
When Should I Talk to a Wilton Protective Order Attorney?
Immediately. If you are subject to this type of order, it is a good idea to talk to an experienced Wilton protective order lawyer as soon as possible. An attorney may be able to negotiate terms that are easier to live with.
A knowledgeable defense lawyer could also help you avoid violations by explaining the types of conduct that are prohibited in various situations. Moreover, if you may have violated a protective order, intervention by a dedicated defense attorney could cause a court to treat the violation with more leniency. Delays provide the opportunity for costly mistakes, so call Mark Sherman Law to learn how a lawyer could help.