How Can I Get a Darien Violation of Protective Order Arrest Dismissed? (53a-223)

If you’re wondering how to get a Darien violation of protective order arrest dismissed, there is no single answer. Thankfully, a top domestic violence lawyer can help you understand your options.

Why Is It Important to Seek Dismissal of a Protective Order Violation?

In domestic violence cases, courts routinely issue criminal protective orders to safeguard the parties involved for the duration of the proceedings. Even if a person has not been arrested for an offense, a member of the family, former partner, or someone in the household can ask the civil court to issue a restraining order against that person if they feel threatened.

What Happens When You Violate a Protective Order?

If someone subject to a protective order or restraining order violates the terms of that order, the violation is considered a Class C or D felony, even if the order was issued by a civil court. An arrest for violation of a protective order may be much more serious than the original offense charged in the case. Accordingly, it is wise to work toward getting a violation of a protective order dismissed to avoid additional penalties and other negative consequences.

How Does Connecticut Define the Crime?

Connecticut General Statutes (C.G.S.) §53a-223 specifies that if a protective order is issued against someone and they violate that order, they are guilty of criminal violation of a protective order. Similar statutes describe violations of standing criminal protective orders, civil restraining orders, and civil protection orders.

The violation may be treated as either a Class C or Class D felony depending on various factors present in the case. Violations may be penalized as a Class C felony if they involve:

Imposing restraint
Threatening
Harassing
Assaulting
Molesting
Sexually assaulting
Attacking

How Can Someone Fight These Charges?

It is wise to seek evidence to refute allegations of these actions and seek dismissal of the charges. Those convicted of a Class C felony face up to ten years in prison and a fine as high as $10,000. If none of the above actions are involved in the violation, the offense is treated as a Class D felony punishable by as much as five years in prison and a $5,000 fine.

It can be easy to violate an order if you are unclear on the restrictions. Even reaching out to a person who does not answer can count as a violation. Therefore, understanding the order is vital to avoid violations.

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