Darien Protective Order Arrest Lawyer
State law imposes extremely severe legal punishments in the event of a conviction for a violation of a protective order. A Darien protective order arrest lawyer could assist if you have been charged with allegedly committing domestic abuse and a protective order has been taken out against you.
What Are The Legal Consequences for Violating a Darien Protective Order?
Darien protective orders are legally binding once entered by the court, and a violation of an existing order can lead to an individual’s arrest. As long as protective order remains in force, which could be anywhere from a matter of months to several years or longer at the court’s discretion, the individual against whom the order was taken out must abide by the conditions it outlines. The conditions of a protective order can vary widely, and in some cases command the individual to desist from communication with the party or parties protected in the order.
Criminal violation of protective order is charged either as a Class C or class D felony offense in the state of Connecticut, according to Connecticut General Statutes § 53a-223. A violation is usually categorized as a Class D felony if it involves a simple breach of the current protective order. A breach of certain terms of the protective order, such as when the offender perpetrates violent harm upon the party named in the order, could lead to Class C felony charges.
If someone is found guilty of a Class C felony for violating a protective order, they must serve a mandatory minimum jail term of 12 months. However, the court can assess prison sentence up to 10 years. In the case of a Class D felony conviction for breaking one or more of the terms of the protective order, the maximum jail sentence that can be imposed is five years.
What Can You Use To Defend Against A Protective Order Arrest?
A Darien lawyer could collect all available evidence to support your case. There is a range of defenses that may be used when someone is arrested for allegedly breaching a protective order. For example, evidence like phone records and home security footage could be valuable to show that the accused did not threaten the other party or was not in the wrong location in violation of the order. To learn more about protective order violation hearings in Darien, click here.
It may also be possible to submit a motion for a modification of the protective order in some cases. In situations where a modification is requested, the accused will be required to present compelling proof to show why the existing protective order should be changed. To learn more about modifying protective orders, follow this link.
Contact a Darien Protective Order Arrest Attorney
You may benefit from legal assistance from a Darien protective order arrest lawyer if you have been arrested in connection with an alleged protective order violation. Take a look at our certified reviews on avvo.com by following this link. To discuss what may be possible for your case, call our legal team today.