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 in Fairfield 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 the Fairfield protective order 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 understand the terms completely in order to avoid an arrest in Fairfield 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.
Types of Protective Orders
In Fairfield, 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 Fairfield, Connecticut domestic violence arrest for Assault, Strangulation or Disorderly Conduct, and only lasts for the duration of a criminal trial but 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 the 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.
Cases Involving Protective Orders
When an individual has been arrested in Fairfield for certain crimes usually involving domestic violence, they are ordered to report to Bridgeport Superior Court on the next business morning.
There, as Fairfield protective orders lawyers know, the criminal court may issue a protective order prohibiting specified conduct. The types of criminal cases that typically invoke imposition of protective orders include:
- Disorderly Conduct & Breach of Peace Second Degree
- Sexual assault
- Risk of Injury to a Minor
Fairfield protective orders may require the individual to refrain from any of these activities or to 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 in 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).
Issuing an Order
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.
Contacting a Fairfield Protective Order Lawyer
Protective and restraining orders can be confusing to understand, but they are interpreted quite strictly by Fairfield police and prosecutors, and 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.