Darien Restraining Orders
Darien restraining orders are an important element of most domestic violence cases. There are two types of civil protective orders in Darien. A restraining order is a protective order that can be obtained in civil/family court. It is a permanent order of protection that lasts up to one year and is issued at a court hearing. An ex parte order is a temporary order of protection imposed by the court that does not require the presence of the respondent. It lasts anywhere from 7 to 14 days until a hearing is held. The purpose of these orders is to protect the individual who feels threatened. If you have been charged with domestic violence, it is important that you follow the restraining order because the refusal to do so can impact your case. A skilled domestic violence attorney can explain what the consequences of violating an order are, and can help you mount your defense in your case. Contact a lawyer today.
What Does a Restraining Order Do?
Darien restraining orders require that a person must leave the person who feels threatened, alone. A restraining order might require someone to move out of their home or find a new home for the duration of the restraining order. It might require them to find a new route home if they are passing near the other person’s home. They might have to find a new job if they work with the person who got the restraining order. Some restraining orders can require no contact with the other party.
The difference between a criminal protective order and a restraining order is that a civil restraining order is filed in the civil/family court. A protective order is filed in criminal court. There can be two orders (protective and restraining) in place at the same time, and both are ordered by judges.
Anyone can file a restraining order if they believe they are in imminent danger of physical harm. In the past, a person could file a restraining order only if they were in a familial relationship with the other person. That is no longer the case. If someone feels threatened or believes they are going to be physically harmed by another person, they can bring a restraining order against that person. The restraining order gives rise to the possibility of a felony charge. When there is a felony charge that makes the criminal case more complicated and difficult to resolve.
If someone contacts the party or violates the order in some way, it would be a Class C or Class D felony depending on the type of violation. The penalties can be up to 10 years in jail, probation, and fines. The person is required to submit their DNA to the Department of Probation so it is in the system for future offenses.
What is an Ex Parte Restraining Order?
Ex parte is another term for an emergency. An ex parte restraining order is an emergency order put in place by the judge. The protected party makes an application in court and the judge decides on the spot whether to enter one. Either way, there is a hearing. However, when the judge decides there is imminent danger, they must enter the emergency order to protect the party until the hearing. When an ex parte restraining order is not put into place, the party is not protected until the date of the hearing.
The judge grants an ex parte restraining order in emergency situations when they believe the complainant faces imminent physical danger. The ex parte restraining order lasts until the hearing which is usually two weeks out, but it can be up to four weeks from the date of the ex parte order.
The ex parte restraining order can be extended, if at the hearing, the judge rules in the favor of the complainant and puts a restraining order in place long term. When the hearing is won by the complainant, the restraining order is extended.
An ex parte restraining order does not have an effect on the criminal case unless the respondent violates the restraining order. The person can be charged with a felony. If the person is charged with a felony, their criminal case is significantly more complicated and the stakes are higher because with a felony conviction comes jail time.
Vacating or Extending a Protective Order
The civil restraining order could be vacated if the judge enters an ex parte order, has the hearing, and decides the person is not in imminent danger. It can be changed because the parties might come to an agreement.
When a person goes for a restraining order hearing, the judge orders both parties to try and reach a compromise. The parties may come to an agreement of no contact for a specific period of time, bring that to the judge, and that is issued.
The requirements of the restraining are reviewed at a hearing when the parties can agree what should be put in place. It can be extended each year if the person reapplies. If the judge finds the same imminent physical harm, the restraining order can be put in place again.
The extension of a temporary order can affect a person’s criminal case if they violate the temporary order.
Value of a Restraining Order Lawyer
Anyone charged with domestic violence needs the assistance of a restraining order lawyer during a hearing involving Darien restraining orders. An attorney can attempt to lower the order. For example, if two parties are dating each other, the client may want their attorney to file a motion to lower the restraining order so that if the two parties want to speak, the person with the protective order cannot be charged with a felony.
Sometimes people start to reconcile their relationships but one party might change their mind and contacts the police to report that the other person contacted them even though it was mutually agreeable at the time. The fact that the order was violated is enough to have that person charged with a felony in court. An experienced attorney can help you navigate your restraining order and, can build your case.