Danbury Protective Order Lawyer
If you are subject to a protective order or have been accused of violating an existing order, it is a good idea to talk to a Danbury protective order lawyer as soon as possible. A domestic violence attorney can help you minimize negative consequences and work toward compliance.
Do Courts Issue Protective Orders in Domestic Violence Cases?
Yes. Criminal courts commonly issue protective orders during proceedings involving allegations of domestic violence. Connecticut General Statutes (C.G.S.) §46b-38c(e) specifies that orders issued in response to a threat of family violence “may include provisions necessary to protect the victim from threats, harassment, injury or intimidation” by the person against whom the order is issued. These provisions may include prohibitions against:
- Restraining the other person;
- Threatening or harassing the other person;
- Assaulting the other person;
- Molesting or sexually assaulting the other person;
- Entering the other person’s dwelling or the family dwelling.
In some cases, criminal protective orders prohibit all contact between parties, while in other cases, only certain communications are permitted. A Danbury protective order attorney could help determine precisely what is and what is not permitted under the terms of an order.
How Long do Protective Orders Remain in Place?
Basic criminal protective orders usually remain in force for the duration of the criminal proceedings. However, if there is a perceived ongoing threat, the court may issue a standing criminal protective order under C.G.S. §53a-40e. A standing criminal protective order may remain in effect for much longer.
What are Civil Restraining Orders in CT?
Civil restraining orders have much the same effect as criminal protective orders in Connecticut. The primary difference is that restraining orders are issued due to the application of the individual who alleges that they are under threat.
When seeking a restraining order under C.G.S. §46b-15, an individual explains to the court that they have been subjected to a threat of physical harm or a pattern of threatening behavior by a “family or household member.” This term includes former spouses and former dating partners as well as couples who have parented a child together, even if they do not now or have never lived together. A Danbury protection order lawyer could work to ensure that the court hears both sides of the story so that terms are not unduly restrictive.
What Happens if you Violate a Restraining Order?
Violation of any Connecticut protective order is a separate felony offense. For criminal protective orders, CGS §53a-223 makes violation a Class C felony. Because protective orders are so individualized, violations can occur even accidentally. Given the serious consequences that come from a violation it’s important to know the parameters of your order. A Danbury protective order lawyer could help.
Work with a Danbury Protective Order Attorney
It is essential to take great care when you are subject to any type of protective order. Advice from a Danbury protective order lawyer could help you remain in compliance or help you fight the imposition of a restraining order. If you have been accused of a violation, an experienced protective order defense attorney could work to build a strong defensive strategy to fight the charges. To get started with a consultation, call Mark Sherman Law.