Impact of a Darien Restraining Order
Before one can try combatting the potential impact of a Darien restraining order, a skilled domestic violence attorney may recommend they understand the laws surrounding such orders. Darian law defines a restraining order as a court order that protects any party in imminent danger. There are two ways to get a restraining or protective order in Connecticut. If someone is arrested in a domestic violence case, the police might just enter a protective order automatically.
In other scenarios, when there is no arrest, a person can go and apply for a restraining order in civil court. If a person feels like they are going to be injured or are in some type of threatening situation, they can write out an affidavit, bring it to court and file it. A judge will then rule on whether it should be granted or not.
What Situations Usually Involve Restraining Orders?
Protective orders are usually issued in domestic violence incidents where someone is arrested. A restraining order is issued when a civil family court orders so. Any person who believes that they are in imminent danger of physical harm can file a protective order. After filing, a police officer or judge is qualified to put that in place. At which time, it can be critical to speak with an attorney regarding the immediate impact of a Darien restraining order.
Self-Service vs. Police Service
If someone is granted a restraining order by the civil court, a state marshal must go and serve it on the person who it is against. Police service occurs when a person gets arrested for domestic violence and the police issue a 24-hour protective order.
What are the Various Types of Restraining Orders?
There are three forms of restraining orders from most to least serious. The first is a Full No Contact order, followed by a Full protective order, and a Partial protective order which is the least severe. A full no-contact protective order is also referred to as a residential stay away which means that a person can’t go to the residence where they are arrested.
A relevant impact of a Darien restraining order can be the rules the individual must abide by. The full residential stay away can be violated by just sending a text message or people can violate protective orders by liking a picture on Instagram or a picture on Facebook because that may seem threatening. Any type of electronic communication, even an email, can be a violation of a full no-contact protective order. A full residential stay away, allows a person to have electronic communication. However, they cannot go to the protected party’s home, so even if the two share kids.
Partial or Limited Orders
The least restrictive protective order is the partial or limited protective order, and so a person can have any type of physical, verbal or electronic contact with this protective order, he or she can text message, he or she can email, he or she can like each other’s pictures on social media but the only restriction is that he or she can’t threaten, intimidate, assault, harass or stalk the protected person and it says those exact words on the protective order.
Consequences of Violating a Protective Order
Violating a protective order is a felony in Connecticut. A protective order affects a person’s criminal record because it can result in a permanent felony conviction for violation of a protective order. The protective order arises any time a background check is run on that person. If a person violates a restraining order, they can potentially serve a jail sentence.
It is important to have an attorney in a protective order hearing because the stakes are so high. Sometimes a person is not allowed to return to their home, with their family, while a protective order is in place. In this case, an attorney will motion to have the protective order modified to allow them to return home.
Re-Application for a Restraining Order
The civil protective orders are put in place for a year and then if they need one after that, the individual can re-apply. The judge will determine if it is still an issue and then the protective order in criminal court is usually set until the case ends which can be up to two years depending on how serious the case is and sometimes even after the case ends, the judge will put in a protective order for life in order to protect someone depending on the case.
Some could say that the initial impact of a Darien restraining order is the uncertainty of one’s future. A temporary protective order occurs when the police go to a person’s house and arrest someone for domestic violence. Typically, a temporary protective order is issued the next morning. If someone were able to issue a year-long protective order, it would be considered a violation of that individual’s constitutional right to a hearing. They will put it in place for 24 hours until he or she gets to go to court and gets before a judge and then the judge will make the ultimate decision.