Connecticut Protective Order Violation Hearings
Connecticut protective order violation hearings occur after someone violates a protective order. If someone is charged with violation of a protective order, it is actually a felony crime. The person has the right to a hearing, which involves a jury trial. They would have all the same rights that they would with any other crimes.
The hearings take place at the Stamford Superior Court. Those present at the hearings would be the same as any trial. There will be the judge, the state’s attorney, and defense attorney. In addition, if the person wanted to have a jury trial, they would be entitled to a jury as well. If an individual wants to know more about the hearing process, they should consult one of our knowledgeable, protective order lawyers who could answer their questions.
Are There Bond Options?
During a suspected protection order violation arraignment, most likely there will be some monetary bond because it is a felony charge in Connecticut. It will be set by a judge in most circumstances and the judge will consider the person’s past. It is likely that some amount of the bond will have to be posted before the person is released.
At the arraignment, the defendant will likely not have the opportunity to present any evidence on their behalf or argue the merits of the case. The arraignment will only consist of a bond argument if the person is in custody.
Is There a Mitigating Bond?
In Connecticut protective order violation hearings, an experienced defense attorney may try to show that the person does not have a criminal record. If that is the case, and the person never been in trouble before, that usually goes a long way. They will also try to show the judge that the person is not dangerous to the community. If the person works full-time or is productive in other ways, the attorney will want to bring that to the judge’s attention. They will also show to the judge that the person is a member of the community to indicate that the accused is not a flight risk.
What Evidence is Needed in a Violation Hearing?
If, for example, there is any video surveillance footage or electronic communication like texts or emails, those would be crucial evidence during a violation hearing. Witness testimony can be used as evidence in Connecticut protective order violation hearings. The witnesses typically will be the person who the protective order was protecting as well as any police officer involved. If it is helpful to the defense, the defense attorney might ask the defendant to testify as well.
What is the Beyond a Reasonable Doubt Standard?
The beyond a reasonable doubt standard is a standard of proof that the state’s attorney is required to prove before a jury or judge finds the person guilty. That is the highest standard that Connecticut has and the finder of fact would have to say that there is no other reasonable possibility besides the person being guilty before they could render a verdict as guilty.
If the state could prove that the protective order was in place, the defendant had knowledge of it, and that the defendant violated it, that would be sufficient to fulfill the standard of proof beyond a reasonable doubt.
Learn About Connecticut Protective Order Violation Hearings Today
The sentencing options for a protection order violation could be any combination of a fine, a period of probation, or incarceration. An experienced protective order lawyer could help someone avoid jail time by presenting facts about the person’s life, in order to mitigate the sentence. Things like work history and a previously clean criminal record are usually helpful at Connecticut protective order violation hearings. If an individual has been charged with violating a protective order, they should consult a skilled attorney that could attempt to mitigate the penalties that someone may face.