Protective Order in a Darien Third Degree Assault Case
When facing a potential protective order in a Darien third degree assault case, it can be critical to understand the varying types of orders one could be placed under. A protective order is an order that is put into place by criminal court that protects an accuser in a criminal case. An established third-degree assault attorney can help clarify the three levels of protective order that could be put into place. Whatever level the police officer chooses depends on the alleged incident and then after a person goes to court the judge and the prosecutor decides what level of protective order needs to remain in place.
Common Types of Protective Orders?
The first type of protective order in a Darien third degree assault case is a full no-contact protective order which stops the defendant from initiating any sort of contact with the alleged victim. They cannot do anything to reach out to the accuser and they also cannot reach out to the accuser through a third party so they cannot have someone else reach out to the accuser on their behalf.
What is a Stay-Away Order?
The second type of protective order is called a residential stay-away protective order. This type of protective order in a Darien third degree assault case allows contact between the parties but prohibits the defendant from going to the residence of the alleged victim. The alleged victim can go to the residence of the defendant but the defendant cannot go to the accuser’s residence.
The third type of protective order in Connecticut is called a partial protective order and this protective order just says that the defendant cannot harass, bother, annoy, stalk or assault an accuser of the case. They are allowed to have contact, they are allowed to go to each other’s home, but the defendant cannot do anything illegal towards the protective party.
Penalties Associated With Violating a Protection Order
The penalty for violating a restraining order in Darien is a violation of a court order, a felony charge. Violating a protective order is a felony charge that carries with it mandatory jail time, the possibility of probation, and the possibility of a fine.
The difference between a protective order and restraining order is that a protective order occurs in criminal court and a restraining order only occurs in civil court. Otherwise, they are the same thing; but it’s the same type of thing, it is still an order protecting an alleged victim in the case.
Expectations Following Protective Order
The main things a person should know about restraining and protective orders in Darien is that it is a felony to violate a protective or restraining order and the orders are entered into a national registry, so even if the parties remain in contact and leave the state of Connecticut, all agents in the United States have a record of these orders and can initiate an arrest if they see any violation.
Another thing to know is that a protective order can be modified, but a restraining order cannot. Once a restraining order is put into place, it lasts for the full year, or other amount of time, for which the judge put it into place.
An attorney could return to court to try to get the potential protective order modified while the criminal case is pending. Once a criminal case is dismissed, a protective order in a Darien third degree assault case will likely be vacated.