Financial Support Measures in Darien Protective Orders

In some cases, the parties to a criminal protective order have already appeared in civil court for another matter. These measures do not automatically disappear in cases of alleged domestic violence, and in fact, they could be incorporated into a criminal order of protection.

If you are subject to a protective order and concerned about the impact of existing financial support measures, reach out to a qualified Darien attorney. A skilled lawyer could argue for a more favorable arrangement and fight tirelessly to resolve your underlying criminal charges.

How do Financial Support Measures Become Incorporated into a Protective Order?

Civil financial support measures that are already put into place could be incorporated into Darien protective orders. Typically, an alleged victim’s attorney argues to the judge that this financial support measure is in place in civil court, and they want it as a condition of the protective order as well. The judge could make it a condition of the protective order that the financial support measures be respected.

How Does the Court Make This Determination?

The criminal court does not determine if the scope of a protective order justifies financial support measures. These agreements are typically handled in civil court instead of criminal court.

If the civil court puts the financial support measures into place, they can be incorporated into the criminal order. If it is agreed upon between the two parties, the criminal judge might make it a condition of a protective order, but it is typically unlikely.

What are the Penalties for Failing to Comply with Financial Support Measures?

The penalties for ignoring a financial support measure or otherwise violating a protective order include jail time. It is an issue for the civil court to handle.

How Could an Attorney Help?

An experienced protective order lawyer could help if financial support measures become too much of a burden. The lawyer’s goal is to argue that the party to a protective order does not have enough income to pay the amount the order requires them to pay. To support this argument, Darien attorneys may gather evidence such as a financial affidavit, documentation showing spending habits, paychecks, or tax returns. This information could be used to show the judge that financial support measures are unreasonable and unaffordable.

Reach Out to an Attorney for Help with Your Protective Order

If you are subject to a protective order, you should consider consulting with an experienced attorney. Any violation, even accidental, can make your life difficult and subject you to serious penalties. An attorney could argue on your behalf for favorable modifications to your Darien protective order, including reductions to your existing financial support measure. Call Mark Sherman Law today for more information.