Issuing Protective Orders in Darien Third-Degree Assault Cases
During third-degree assault cases, judges sometimes issue protective orders, in order to protect the accuser and the accused. A protective order can be issued in an assault in the third-degree case after the police initiate an arrest. If the police respond to a domestic situation and initiate an arrest, they typically put in a brief protective order until the person is able to go to court and have it addressed by the judge. Typically, it is a 24-hour protective order just to protect the alleged victim in the case until the defendant is able to go before a judge. Most likely, when someone’s arrested they are not allowed to go home while the protective order is in place. If an individual wants to know more about issuing protective orders in Darien third-degree assault cases, they should speak with a capable assault attorney that could answer their questions.
Differences Between Protective and Restraining Orders
A protective order differs from a restraining order in that issuing protective orders in Darien third-degree assault cases is often the role of criminal court judges. In contrast, restraining orders are put into place by a civil court judge. A person could have both orders against them, but they are issued under two separate bodies of law. In addition, if there is no arrest for violation of a protective order, a complainant can apply for a restraining order in civil court and get a hearing in front of a judge. The judge could issue a restraining order against the alleged aggressor even if there is no criminal court arrest.
Enforcement of Protective and Restraining Orders
Protective orders and restraining orders usually are enforced in Darien only when the accuser makes a complaint to the police department. If there is a protective order or restraining order in place and the alleged victim calls the police to report that it was violated, the police will investigate and if they believe it was violated, they will initiate an arrest. Sometimes the police will enforce the protective order by driving by the complainant’s home to make sure the defendant is not there. If the defendant is at the home, they can initiate an arrest for the violation of protective order on the spot.
Importance of Complying With Orders
Issuing protective orders in Darien third-degree assault cases is a serious matter. Once a judge has issued an order, violating that order is a criminal offense in and of itself. Complying with the protective or restraining orders helps the person facing a third-degree assault charge because it shows they are taking their case seriously. Complying with a protective order is very important if a person is willing to rehabilitate themselves and get their case dismissed.
There are a few steps a person can take to ensure that they follow the directives of an order in Darien, beginning with making sure that an attorney explains the order to them so they know every sort of action that might get them in trouble for violating it. Sometimes people do not realize that third-party contact can be a violation of the order in some instances. For example, it is important to know every sort of behavior that can be viewed as a violation. Another step the person can take is by ending a relationship or moving out of a shared home so there is no property to fight over and they are out of contact with each other.
How a Darien Third-Degree Assault Attorney Could Help
A domestic violence third-degree assault attorney can help an individual with a protective or restraining order at a hearing by asking the judge to modify the protective order and hold a hearing as to why the judge does modify it. The attorney could also help someone during a restraining order hearing by putting on evidence and testimony as to why there should not be a restraining order in place, or why the allegations are false. This can occur even when there is no third-degree assault accusation; it could be just any sort of restraining order that was applied for that same incident. If an individual wants to know more about issuing protective orders in Darien third-degree assault cases, they should speak with an experienced assault attorney that could help them abide by the terms of the order and protect their rights.