Fairfield Protective Order Violations
If you are subject to a Fairfield protective order, violations can carry harsh criminal penalties. Consider working with an experienced attorney who can explain precisely what is and is not allowed under the terms of your protective order.
What is a Criminal Protective Order?
A criminal protective order may be issued by a Connecticut criminal court at arraignment or anytime while a case is pending. Criminal protective orders may be issued to family or household members under Connecticut General Statutes (“C.G.S.”) §46b-38c(e) or any victim of stalking, harassment, sexual assault, risk of injury, or impairing the morals of a child under C.G.S. §54-1k.
How Long will I Have this Protective Order?
Most of the time, these orders lose effect after the end of the case, but standing criminal protective orders (C.G.S. §53a-40e) can continue longer, sometimes for many years.
What is a Civil Restraining/Protective Order?
When there is no direct criminal proceeding involved, but someone fears harassment from a partner or member of the household, they may apply for a “relief from abuse” restraining order under C.G.S. §46b-15. This type of order may be sought on an “ex parte” basis, which means that the court only hears one side of the story. Usually, an ex parte order is temporary.
When someone is a victim of sexual assault, sexual abuse, or stalking, that person may seek a civil protection order from the court under C.G.S. §46b-16a. These types of orders may be issued to any victim of the named crimes, not just a family or household member.
What are the Penalties for Violating a Protective Order?
Violating a protective or restraining order of any type is a serious offense. Fairfield protective order violations are either Class C or Class D felonies. Both are punishable by a substantial term of imprisonment, a fine, or both. The maximum fine for a Class D felony is $5,000, and the maximum for a Class C felony is $10,000. A sentence of imprisonment may be as long as five years for a Class D felony conviction and ten years for a Class C felony conviction.
The factors that determine whether a violation is a Class C or Class D felony include the type of order and the situation surrounding the violation. If you violate a civil restraining order under C.G.S. §53a-223b, a criminal protective order under C.G.S. §53a-223, or a standing criminal protective order under C.G.S. §53a-223a, then the violation may be treated as a Class C felony if the actor threatened, assaulted, restrained, molested, harassed, or attacked another person.
Contact a Fairfield Protective Order Attorney Today
For more information about Fairfield protective order violations, call an experienced Fairfield criminal attorney at Mark Sherman Law today. A knowledgeable lawyer could help you understand the terms of your order and avoid violations.