Fairfield Protective Order Lawyer
Connecticut courts can issue protective or restraining orders that prohibit individuals from engaging in certain conduct with other individuals. There are different types of orders that vary in lengths of time and restrict different types of contact. A violation of these protective orders is always a serious offense, usually treated as a felony under Connecticut law.
If you have been served with a criminal protective order in Fairfield, Connecticut, or if you have been arrested for criminal violation of a protective order, then it is essential to contact an experienced domestic violence defense attorney to understand the terms and options for contesting or defending an alleged violation of the order in court.
A Fairfield protective order lawyer will be able to explain the ramifications of the order and advise you on how to get it dismissed as quickly as possible.
Restricted Contact of an Order
The terms of criminal protective orders or civil restraining orders are specific to each case, so it is important to partner with a Fairfield protective order attorney to understand the terms completely. This will help you avoid an arrest for a violation.
Some protective orders ban all contact between parties, whether in the home or the workplace. This effectively locks one party to a domestic dispute out of the house during the entire criminal proceeding. Other protective orders may allow contact between the parties—such as phone calls or text messages—but still prohibit the restricted party from entering the accuser’s home or place of work. Other orders allow general communication and contact but prohibit specified behaviors such as threatening or harassing another party.
What Are the Different Types of Protective Orders?
In Connecticut, there are two basic types of orders restraining contact between individuals. Criminal protective orders are issued by criminal courts, often at the beginning of a domestic violence arrest for assault, strangulation, or disorderly conduct. They are only meant to last for the duration of a criminal trial but are sometimes extended indefinitely.
By contrast, a civil restraining order is issued by a family or civil court judge. Applicants may seek civil restraining orders against members of their household, relatives, or someone with whom they have a romantic relationship if they feel they are in imminent danger of violence or abuse. This is called a “Relief from Abuse” application. A Fairfield protective order attorney can give more detail about how these orders may apply to your specific situation.
Cases Involving Protective Orders
When an individual has been arrested for certain crimes usually involving domestic violence, they are ordered to report to Bridgeport Superior Court on the next business morning. There, the criminal court may issue a protective order prohibiting specified conduct.
The types of criminal cases that typically invoke imposition of protective orders include:
- Sexual assault
- Risk of Injury to a Minor
- Disorderly Conduct & Breach of Peace Second Degree
Protective orders may require the individual to refrain from any of these activities, stay out of a particular home, or even go so far as to forbid all contact in any form. Generally, a criminal protective order remains in place until the criminal case is concluded, which often takes between 6 months to 2 years.
Sometimes, the Bridgeport criminal court may also issue a standing criminal protective order if an individual has previously been convicted of a crime of the type listed above or certain other crimes. Unlike a basic criminal protective order, a standing order may remain in effect for as long as the court decides is necessary (for a maximum of 50 years). A protective order attorney in Fairfield can examine your case and ensure you understand all potential penalties—and how to fight back.
Why Are Protective Orders Issued?
If a Fairfield resident feels in danger of physical or emotional harm, then they can apply to the Bridgeport Family Court for a civil restraining order. The judge may issue a temporary ex parte restraining order right away if it is shown that danger of harm is imminent.
This order only lasts until the court can hold a full evidentiary hearing on a permanent restraining order. At the hearing, both sides have a chance to testify before the court makes a ruling on a long-term order. A dedicated Fairfield protective order attorney can be a vital ally throughout this process.
Contact a Fairfield Protective Order Attorney Now
Protective and restraining orders can be confusing to understand, but they are interpreted quite strictly by Fairfield police and prosecutors. Violations include serious penalties. For instance, penalties for violating a civil restraining order become a criminal matter punishable by up to five years in jail and a fine of up to $5,000. For that reason, it is highly advisable to seek guidance from a Fairfield protective order lawyer who can help you avoid a guilty plea and permanent criminal record.
Contact our firm today to set up a consultation. We are here for you.