Darien Protective Order Modification Hearings
Protective orders can play an important role in protecting people from domestic violence. However, sometimes these orders are unnecessary or unduly harsh. In these cases, Darien protective order modification hearings can be used to change the conditions of the order or remove it altogether.
If you need assistance in your protective order hearings, reach out to a seasoned CT protective order attorney. A lawyer could help you fight for a favorable resolution to your case.
Fernando Evidentiary Hearings
Evidentiary can be used to challenge the protective order in general. An evidentiary hearing could be held after a protective order is put into place and must be heard within a reasonable amount of time from the defendant’s arraignment. This is called a Fernando hearing. It is an evidentiary hearing before the judge and challenges the validity of the protective order in general, not the level of protective order that has been put into place. Witness testimony, text messages, or any other evidence that pops up could be brought into the hearing.
Evidence to Reduce or Modify a Protective Order
Types of evidence that could help reduce or modify a protective order include proof that a petitioner has been initiating contact with a defendant. This is helpful evidence that could modify or challenge the protective order as a whole. It could show that the petitioner is not actually afraid for their safety and that they are the one initiating contact with the defendant. Other evidence includes testimony by the defendant in which they could refute the allegations against them. It could also be testimony by the alleged harmed individual in the case.
Sometimes a defendant is able to show on the record that they did not reach out at all to the petitioner. If there are any other records that show a lack of contact from the defendant, it is typically helpful. Witnesses play a role in these hearings because they could testify as to whether or not the allegations are true or false. Most of the time, if abuse is alleged, there is a witness that could testify whether or not they think it occurred or whether or not they witnessed it. Potential witnesses include neighbors and children.
How a Protective Order Could be Modified
A protective order could be modified to allow for peaceful contact between the two parties. For example, if the parties share children and there is a full no-contact protective order in place, a judge could add a carve-out provision to the protective order that allows the parties to have contact only in regards to the children or as to the wellbeing of the children. This is the most typical kind of peaceful contact allowed in a full no-contact protective order.
Other times after a Darien protective order modification hearing, a judge could include a provision that allows contact between the parties but does not allow the defendant to go to the petitioner’s home. That is called a residential stay-away protective order, which allows contact within the realm of it being safe for the petitioner.
Role of an Attorney in Protective Order Modification Hearings
It is advantageous to utilize a protective order attorney to modify an existing protective order because there are certain elements that need to be met before the judge. Typically, they need to make sure that the parties are unlikely to have a similar incident that leads to the defendant’s past arrest.
An attorney could help a defendant get into treatment that will be helpful for their court case. Usually, a defendant will want to get into counseling, and an attorney could tell them exactly what they should be doing to set themselves up in the best light in front of the judge. The attorney is able to provide proof of that treatment, show the judge everything that the defendant has worked on since the last court date, and provide reasons why the protective order should be modified.
Call to Learn How a Lawyer Could Help With Modification Hearings in Darien
If you are involved in a protective order, Darien protective order modification hearings may be used to bring about more favorable conditions. An attorney understands the local court system and what you need to prove before the judge. If you need assistance in these procedures, reach out to a top domestic violence lawyer to discuss your case.