Darien Protective Order Violation Arrests
Violating a protective order is not unwise, it is also highly illegal. There are a variety of consequences a person could face for violating an order. If you want to know more about Darien protective order violation arrests, speak with a knowledgeable attorney that could answer your questions.
Do All Protective Order Violations Result in an Arrest?
Not all protective order violations result in an arrest. Sometimes less serious violations would not result in an arrest because either the police decide it does not constitute a violation serious enough for them to arrest the party or, it could result in an arrest but the state’s attorney could decide not to prosecute it if it is not as serious.
The arrest is always made against the individual whom the order is issued against or the defendant. A petitioner could never be arrested for violating their own protective order. This is a Connecticut statute. It is for reasons that a petitioner is considered the alleged victim in the case and the alleged victim may not be arrested for their behavior, especially because the protective order is not prohibiting them from doing anything. It is only prohibiting the defendant from doing something.
There is strict liability for violations of protective orders, but there is not strict liability for violations of restraining orders. A restraining order leaves it up to chance that a person has been served. As long as the person has been served with a restraining order, there is strict liability if they violate that order.
Proof Law Enforcement Needs to Initiate an Arrest
To initiate an arrest for a suspected protective order, the police must have proof of probable cause to believe that a protective order was violated, which is a low level of evidence for them to initiate an arrest. Typically, there is definitive proof when a violation of the protective order is reported to the police department. For any reported violation, the police need to have probable cause to initiate an arrest. If the complainant reports a violation but there is no actual proof of the violation, the police will not initiate an arrest. In that case, they would investigate it, try to talk to other witnesses, or find other proof that it occurred. It is a low standard for them to initiate an arrest.
Challenging an Arrest
Darien protective order violation arrests could potentially be challenged in court by arguing that there was no probable cause for the arrest to occur. This may happen if an arrest for a protective order violation occurs but there is evidence that the violation did not occur, or that the alleged victim falsified the story of the violation. If the police initiate an arrest based on one party’s testimony, the defense could argue that there is no probable cause for that arrest because they have no other evidence to believe that the defendant committed a crime. The police would not need a warrant to perform an arrest for a suspected protective order violation if one witness says it is occurring.
Sometimes, if the police see the two parties together when there is a full no-contact protective order in place, they could initiate an arrest on the spot. If they believe that there is a chance that evidence would be destroyed while they are applying for the warrant, they could initiate an arrest. If they see evidence that the two parties had contact on and the police are worried that evidence of a violation could be destroyed, they could initiate an arrest immediately. If they believe that the protected party is in imminent danger, they could also initiate an arrest.
Motions to Show Cause
A motion to show cause is a motion filed in court and requires the state’s attorney to show the reason for the arrest. These are not too common, because typically a person is aware of the facts. They are also included in an arrest warrant or police report. For the motion to have validity in Darien,CT court, it has to be argued that the defendant was not given essential facts of their arrest to properly defend themselves in court.
Is a Warrant Needed to Carry Out an Arrest?
A warrant is not always needed for the police to perform Darien protective order violation arrests, even if the violation is suspected. Sometimes if they are concerned about the safety of a protected party, they do not need a warrant. It depends on the allegation, but these are typically warrant arrests. If the police have probable cause to believe that a crime was committed they can initiate an arrest without a warrant.
Steps to Take Following an Arrest in Darien for Violating a Protective Order
If someone is arrested of a suspected violation of a Darien protective order, they should contact an attorney immediately because a violation of a protective order is a felony charge and carries with it jail time and probation time. It is important to contact an attorney to build a defense or to explain exactly what the contact was so that the attorney could paint it in the best light possible to the prosecutor and judge and be properly prepared for court. If an individual wants to know more about Darien protective order violation arrests, they should speak with an attorney that could answer their questions.