Darien Protective Order LawyerIf you have been arrested in Darien for Violation of a Criminal Protective Order under CGS § 53a-223b, then you need to get yourself prepared for your first court appearance in Stamford Superior Court. Be careful with these protective orders. They are often used as swords, not shields, especially when victims bait or lure you into violating a Darien criminal protective order.
Darien Police will be the first to admit that they don’t have a lot of discretion in enforcing these laws—even the most technical violations like a Facebook message, accidental phone call, or text message can get you arrested for Violation of a Criminal Protective Order. So if you find yourself arrested in Darien for violating a protective order, then keep reading to understand the court process and how you and your Darien domestic violence protective order attorney can try to best position your case for a dismissal and expungement.
What Should I Expect at My First Court Date?
After you are booked, fingerprinted, photographed, and bonded out at the Darien Police Department, you will be ordered to report to Stamford Superior Court on the very next business morning. (The Town of Darien does not have its own courthouse.) You can expect a very similar day in court as you experienced for the arrest that got you the protective order in the first place.
First, you will be required to meet with Family Relations, then you will appear in arraignment court for a hearing on whether an additional protective order is necessary, and then you will need to object to requests for additional conditions of release such as GPS monitoring, curfew restrictions, and drug/alcohol testing.
Sometimes your protective order lawyer in Darien can speak with the Bail Commissioner, prosecutor, and family relations officers in advance of your arraignment hearing to negotiate and work out conditions that will not interfere with your ability to travel for work, or can help you avoid the humiliation, shame, and inconvenience that comes with court-mandated GPS ankle bracelet monitoring.
What is the Difference Between a Protective Order and Restraining Order?
A Darien domestic violence protective order is any type of order issued at the time of someone’s criminal arrest, at their arraignment, or anytime during a criminal case.
Criminal protective orders last as long as the criminal case is pending, or as long as a criminal court judge decides. Civil restraining orders can last for only up to one year, and the protected party must re-apply to the court to extend the order.
A domestic violence protective order is usually recommended by someone in the court such as the Family Relations Officer or the state’s attorney. The order remains in effect from the date it is issued until the criminal case is disposed of, or until an attorney motions to modify the protective order.
The difference between the protective order in the criminal case and a restraining order is that a restraining order is put in place by a civil family court judge, and does not stem from an arrest.
Civil Restraining Orders
The only way a person can get a civil restraining order is if they fill out an ex parte restraining order application and file it with the court. The judge reviews the application and determines whether the person is in imminent physical danger.
If the person is determined to be in imminent physical danger the judge will issue an ex parte restraining order. An ex parte restraining order is in place until a hearing is held, usually two weeks later. At the hearing, the judge hears both parties and determines whether the civil restraining order should be kept in place.
The civil restraining order can remain in place until the hearing is held. After the hearing, the judge can determine whether it should remain in place. A civil restraining order is usually kept in place for six months up to one year.
An arrest for Violation of a Criminal Protective Order in Darien Connecticut is a Class D Felony. This means that a conviction at trial or a guilty plea by plea bargain to an arrest for Violation of Criminal Protective Order (CGS 53a-223b) exposes you to a five-year maximum jail sentence, probation, thousands of dollars of fines, and possibly a Standing Criminal Protective Order that can hang over your head for up to 50 years.
Just as critically, your felony conviction will show up on every employment background check and impact any professional licenses you may possess (such as FINRA Series 7 licenses, medical licenses, or a CDL). With this much at stake, it’s a good idea to contact a top Darien protective order lawyer attorney before pleading guilty or taking your chances at trial.
Benefits of a Darien Protective Order Attorney
So if you’ve been arrested in Darien for Violation of a Criminal Protective Order, be sure to contact a seasoned lawyer before your first court date. The team of experienced Connecticut domestic violence lawyers at The Connecticut Domestic Violence Information Center have developed aggressive and successful defense strategies for fighting Protective Order violations. Our statewide domestic violence practice enables us to appear in all of the State’s domestic violence courtrooms.