Aggravating Factors in a Violation of a Darien Protective Order
If someone has a protective order against them and they violate it by assaulting the petitioner, going to their home, or threatening them, that person would be charged with the criminal violation of a protective order in addition to whatever other crime they committed. If physical harm or threats are involved in the violation, they are considered aggravating factors.
The best lawyers understand that aggravating factors in a violation of a Darien protective order are taken seriously by judges. Violating a protective order could potentially result in jail time, but an attorney could help you avoid the worst punishments. Call a top attorney today to discuss your situation.
Aggravating Factors in Connecticut
There are aggravating factors that could enhance the penalties of violating a protective order. Those factors are what constitute the violation. For example, if there was physical harm done to the petitioner, it would be an aggravating factor. If there was another person injured in the violation, it would be aggravating. Mainly, if there is physical harm or a threat of physical harm, it would be considered an aggravating factor.
Cross Order of Protection
A cross order of protection occurs when two protective orders are issued, and the two parties are both defendants and victims in each case. Sometimes, the police initiate a dual arrest when they come to a house to investigate a domestic incident. If the police believe that both parties are at fault, they issue a cross order of protection, which prohibits each party from contacting, threatening, or assaulting one another.
It can complicate a violation of a protective order because it becomes difficult to figure out who is at fault here and who is the initial violator. That person is the one who would be charged with the violation of protective order, or they might both be charged. It creates a situation in which two different people are facing the same punishment for the same action.
What if a Defendant Did Not Know a Protective Order was in Place?
On every arraignment for a domestic violence arrest, a person is issued a protective order by the judge in court. If a person is unaware of what is going on in court and not understanding what the judge is telling them, they could be unaware that there is a protective order in place. It is rare, and it should not happen because the judge goes over the protective order with the defendant on the record and asks them if they understand what they are saying to them.
Another situation in which a person could violate a protective order without being aware of it is if someone is arrested by the police. If the police put a 24-hour order of protection into place and release the defendant before they are arraigned, the defendant may go back to their home or contact the protected party. This is an immediate violation of the order or the condition of release.
Immigration concerns could arise from a violation of a protective order. Any time a non-citizen is charged with a felony, they can face deportation. Even if a person holds a green card, they may still face deportation due to a felony arrest or conviction. It is always recommended that people contact immigration attorneys before they go to court, especially for felony charges. It is important to know what they could face and what the repercussions of pleading guilty could be. They need to contact an immigration attorney before they go to trial or plead guilty to anything.
Non-Jail Time Options
There are non-jail time options for individuals who violate a protective order. Most commonly, non-jail dispositions occur when a violation is not as serious as violence. If a violation was only because of non-threatening contact or communication, a defendant may avoid jail time for their charges. If there are aggravating factors in a violation of a Darien protective order, jail time becomes more likely. There are also diversionary programs available in some cases.
Consulting a Top Darien Protective Order Attorney
If you were accused of violating a protective order, a dedicated domestic violence lawyer could help. If there are aggravating factors in a violation of a Darien protective order, the penalties could be especially severe. Reach out to an attorney as soon as possible to begin building an optimum defense.