Darien Protective Order Violation Proceedings
Protective orders are orders set by the court in order to protect both the accuser and the accused in domestic violation incidents. Due to the fact that the orders are court-mandated, an individual could face criminal consequences for violating a protective order. Darien protective order violation proceedings take place in the Stamford Superior Court in the criminal courtroom. The parties that are present at the hearings are the defendant, defense counsel, judge, bail bondsman, state’s attorney, and victim advocate if there is an alleged victim in the case. The alleged victim and a family relations officer might also be present. If an individual wants help and guidance through this process, they should consult a capable protective order lawyer that could pursue a positive outcome for them.
Arraignments for Protective Order Violations
If a person is arrested for a suspected violation of a Darien protective order, they would be held at the police department. After someone is arrested in Darien, they would have an arraignment the next business day. That means that they are kept in police custody for the weekend if they are arrested on a Friday since the next court business day is not until Monday unless they are able to post bond or are released by the police department on a promise to appear in court. Once it is time for Darien protective order violation proceedings, the police department would bring them to court and they would be held in the court lockup until their case is called before the Judge. At that point, they can post bond and be released or can be released on a Promise to Appear at their next court date.
Rights Limited at an Arraignment
Many rights could be limited at an arraignment in regards to Darien, CT suspected protective order violations. If a person has a monetary bond placed against them and they are unable to post that bond, they are kept in court custody and the respective jail so their main rights to liberty and freedom could be limited. At the same time, even if someone is able to post a bond and leave, a judge has ordered a protective order at that point so they could have limited contact with the protected party. They are not able to go to the protected party’s home, so it limits where they are allowed to go, how they are allowed to act, and who they are allowed to communicate with.
Common Bond Options Given for Protective Order Violations
The most common bond options given for protection order violations, following Darien protective order violation proceedings includes a person being released on a promise to appear bond, which means that they are promising that they would not miss the next court date and that they would be present in court. Sometimes a judge may put a monetary bond on a defendant, in which case they would have to post money to be released from court at their arraignment. Those are the two different bonds that could be placed. If a defendant is required to post money to be released from custody, they are entitled to receive that bond back after their case is disposed of.
Protective Order Violation Charges and Penalties
A protective order violation would be grounds for criminal violation of protective order, which is a felony charge. An individual would also be charged for any other law that was violated when they were violating the protective order, such as assaulting, threatening or harassment. All protective order violations fall under criminal court. If a civil restraining order is violated, the violation is still a crime that would be prosecuted in criminal court. For this charge to be considered valid, the court would have to prove that a protective order or a restraining order was in place and that a defendant intentionally violated the order.
Violation of a restraining order has the same potential penalties of violation of a protective order. Even if the protective order or the restraining order was put into place in civil court, it would lead to an arrest and to a felony charge as well as a charge for the other crimes that were committed, such as assault, which would lead to jail time, probation time, fees, and costs.
How a Darien Protective Order Attorney Could Help
In these cases, there is a lot of evidence that experienced protection order lawyers could make use of to mitigate some jail time. Most evidence used is that the defendant has a strong connection in the area and that they are unlikely to flee because the judge is mainly concerned that this person is going to disappear and never come back to court. Examples of this would be home ownership, a steady job or occupation, family in the area, etc.
If a person has held the same job for many years or has family or children in the area, it is important because a person is unlikely to leave their children or the job that they have held for many years. If the person owns a home in the area, it is also helpful because it shows that they have strong roots in the area and that they are likely to come back to court. Anything that shows they have roots in the area and are unlikely to jeopardize that to miss their next court date is useful. If an individual faces criminal consequences for violating an order, they should consult an attorney that has experience with Darien protective order violation proceedings that could fight for them.