Protective Orders Following a Darien Disorderly Conduct Arrest
A protective order is any order put in place by an arresting agency. If there is a Darien domestic violence incident, a protective order would be put in place by the police department or a Stamford Superior Court judge. The order protects the complainant in the case. There are three different levels of protective orders that can be entered in Connecticut. It depends on the severity of the facts of the case and the recommendations of all those offices discussed. If an individual wants to know more about protective orders following a Darien disorderly conduct arrest, they should speak with a knowledgeable disorderly conduct lawyer that could answer their questions and help ensure that they follow the order.
What is a Full No-Contact Protective Order?
The first level of protective orders following a Darien disorderly conduct arrest is called a full no-contact protective order. It is the most restrictive level that a person can get and is typically reserved for more serious cases. This protective order prohibits all contact between the defendant and the protected party, regardless of the relationship between the parties, whether or not they share children and need to communicate for parenting reasons, and whether or not they live together.
Once the defendant is arrested, if the police put a full no-contact protective order in place it lasts until the defendant goes to court and the judge reviews it. If the judge decides to uphold the full no-contact protective order, the defendant will not be able to speak to the protected party for the duration of the case unless an attorney gets it modified. This protective order is the most dangerous to be entered into against someone because any sort of contact is considered a violation, including third-party contact. For example, if someone sends a letter through another person or they have another person send a message to the protected party that is a violation of this protective order. Any other sort of incidental contact, such as texting or liking someone’s picture on social media, is a violation of protective orders. It is a big deal because a violation of the protective order is a felony in Connecticut.
What Are The Requirements for a Full Residential Stay-Away Protective Order?
The second level of a protective order is called a full residential stay-away protective order. This protective order does not ban all contact between the parties. It bans the defendant from visiting the alleged victim’s residence or home regardless of whether they lived together before the arrest and regardless of whether they have children together.
Partial Protective Orders
Of the protective orders following a Darien disorderly conduct arrest, the least restrictive order that can be entered is called a partial protective order. This prohibits the defendant from threatening, harassing, stalking, or doing any other conduct that would be considered bothersome to the alleged victim. The danger with this protective order is that the language is very broad so a complainant can say that a defendant had any sort of contact that the complainant considers to be threatening, and it would be a violation of this protective order. For example, any text message can be considered a violation. It ends up being interpreted by the police department since the violation was reported to them. It can be very dangerous because if a person violates this protective order it is a felony charge.
What Happens at a Darien Protective Order Hearing?
At a protective order hearing, the judge will listen to the facts of the case. Typically, the state’s attorney will stand up and read the facts aloud to the courtroom. The judge listens to the facts of the case and then the bail commissioner will stand up and make their recommendation to the judge. That recommendation is for what level of protective order should be entered and if there should be any other conditions of release.
Then the judge will hear from the Family Relations officer that conducted the interview with the defendant in the morning. Last but not least, the judge will listen to the defendant’s attorney. The alleged victim also has the right to be heard in the case, so the judge will listen to any input from them. The complainant might show up in court themselves to make a statement to the judge or they can send a statement through the court’s victim’s advocate. The victim’s advocate has the duty of reaching out to the complainant and understanding the situation and stance and then relaying that to the judge. The judge listens to all of these people speak and then makes their own order. They consider all these recommendations and then issue the protective order based on these considerations. If an individual wants to know more about protective orders following a Darien disorderly conduct arrest and avoid violating orders, they should speak with a top Connecticut disorderly conduct attorney today.