Fighting a Family Court Restraining Order in Bridgeport

Fighting a Family Court restraining order in Bridgeport requires quick and decisive action. Because this is unfamiliar territory for most people, it can be helpful to consult an experienced defense attorney who understands how protective orders work.

What is a Full No-Contact Restraining Order in CT?

In a “full no-contact” order, the parties involved are prohibited from making any contact at all, even through social media or third parties. In addition, the individual subject to the order will not be allowed to enter the home or work of the person who asked for the order. This can put a person in a position of extreme hardship if the parties share a home.

What is a Residential Stay Away Order?

A level down from the “full no-contact” is the residential stay-away order. This prohibits the person subject to the order from going to the home of the person who sought the order, however, it allows the protected party and the person subject to the order to communicate.

What are the Terms of a Partial Protective Order?

The lowest level of protective order is a partial protective order. The terms of this kind of order will vary depending on the specifics of the situation, but it may allow the parties to communicate and remain in the same location. Universally it will disallow conduct that constitutes harassing, intimidating or threatening. In the process of fighting a Family Court restraining order in Bridgeport, the person against whom the order is sought may seek to modify the order by demonstrating that the restrictions are not warranted by the situation.

Are Family Court Restraining Orders Issued Automatically in Domestic Violence Cases?

No. Unlike a criminal protective order put in place by a court during criminal proceedings, a restraining order is issued by the Family Civil Court at the request of an individual who alleges they have been subjected to violence or threats of violence from a family or household member, as defined in Connecticut General Statutes (C.G.S.) §46b-38a.

When the individual applies for a restraining order, the court may issue a temporary, ex parte, order on the basis of that individual’s allegations, but the Court will allow the other party the opportunity to contest it in a hearing before issuing an order of longer duration. Usually, a temporary restraining order remains in effect only until a hearing can be held.

Before the hearing, the person fighting the restraining order should prepare evidence to refute the allegations made by the person requesting the order. It may be possible to argue that any threats are stale or do not involve any physical conduct. Evidence to fight the imposition of a restraining order could include witness testimony, text messages and emails, and other information. For instance, if the person seeking the order presents a text message with threatening language, the other party could produce the full conversation and show that the message was taken out of context.

Let a Bridgeport Attorney Help You Fight a Family Court Restraining Order

While the person fighting a Family Court restraining order in Bridgeport has a good opportunity to present their side of the case during the hearing, it is essential to take full advantage of that occasion. Once the occasion has passed, you will be bound by the terms of any order issued. Help from an experienced legal advocate could make a tremendous difference.

It is possible to subpoena phone records, police reports, and other evidence to contradict allegations made against you, but it is essential to act quickly. A restraining order can have a profound impact on your life, so it is important to be prepared to fight. Call Mark Sherman Law today to schedule a consultation.