Understanding Darien Protective Orders
In Darien, a protective order would be granted any time there has been an arrest for a family violence crime. These orders can be inconvenient, especially in cases where both parties want the order removed.
As the best defense attorneys know, understanding Darien protective orders is important to ensure you are not in violation. If you are involved in a protective order, you could benefit from the experience and wisdom of a seasoned domestic violence lawyer.
Parties Involved in a Protective Order
The two parties involved in a protective order are called the petitioner and the respondent. The petitioner of a protective order is the alleged victim in the criminal case. They do not technically have to petition for it, because it is automatically put into place by the Police Department or a Judge.
The respondent of the protective order is the defendant in a criminal case. It is whoever was accused or arrested for the criminal conduct, and a protective order is issued against them.
Role of Jurisdiction
Jurisdiction plays a different role in orders if one of the parties does not live in Connecticut. If the alleged defendant does not live in Connecticut, it is difficult for a Connecticut court to put a protective order on them because Connecticut does not have jurisdiction. If the defendant committed an act in Connecticut, Connecticut does have jurisdiction over them. Local local police officers are often tasked with enforcing the protective order no matter where it is, and it is enforceable in every state.
Continuous Threats of Harm
In Darien, courts interpret a continuous threat of harm as behavior that is imminent, is committed or has continued for a set amount of time. It has to be a threat of physical harm. It could not be a mental or emotional abuse.
The types of evidence the court would need to see to prove a threat of harm is typically past threats of physical violence, present threats of physical violence, or actual physical violence. Threats can come from nasty text messages or any other communication that threatens to harm another person.
Who Can Be Issued a Protective Order?
Protective orders are only available to family household members in Darien and in Connecticut because they stem from family violence crimes. A protective order would not be issued against parties who are not family household members. If there is an issue between parties who are not family household members, the judge would typically issue a condition of release that prohibits those two parties from having any contact, but they would not be able to put a protective order in place.
A family violence crime is any crime that occurs between a family or a household member. These can include:
- Domestic violence
- Breach of peace
- Violation of restraining orders
In Darien, family or household members are defined as people who are related, who cohabited, or who dated. It could be a spouse, a former spouse, siblings, a boyfriend or girlfriend, and even children.
Protective Orders Against the Petitioner’s Wishes
There are instances in which an individual would have a protective order issued against them even if the petitioner does not want one. Any time there has an arrest in Darien for a family violence case, a protective order would be put in place. That includes instances where the alleged victim does not want a protective order.
The decision is up to the Police Department because it is their job to protect the other person in the case. They automatically have to put a protective order into place any time there is a family violence crime. Even if the petitioner calls the court or the police to say they want it removed, it does not happen as long as there is a pending criminal case.
Discuss Your Case With a Top Darien Attorney
If you have difficulty understanding Darien protective orders, an attorney could answer your questions. Domestic violence lawyers have in-depth knowledge of the law and years of experience helping people like you. Reach out to a top domestic violence attorney to schedule a consultation.