Protective Orders Following a Greenwich Third-Degree Assault Case

In Connecticut, there are three levels of protective orders and they range in severity. A protective order limits the amount of contact or type of contact one person has with another. If you are facing possible protective orders following a Greenwich third-degree assault case, speaking to an attorney could help. An established third-degree assault lawyer can help you gain peace of mind by clarifying the parameters of a protection order and the expected duration. Contact an attorney right away.

Role of Protective Orders in Third-Degree Assault Cases

The lowest protective order is called a partial or a limited protective order, prohibiting the defendant from abusing, harassing, threatening, following, or interfering with the protected person. They may still have contact, allowed to live together if they wish, but it prohibits them from doing any of those things. The defendant is prohibited from is prevented from doing the things listed above and in addition, is not to go to the residence of the protected person, regardless of where the defendant lives. The parties are allowed to get together outside the residence, such as going to dinner or the movies or otherwise spend time together.

The most severe level encompasses everything in the other two, but it is a full no-contact protective order. The parties are not to have any contact whatsoever. That means not by phone, social media, texting, no kind of contact. The defendant is not even allowed to tell a third party to give the protected person a message. With a full no-contact order, the court also add an additional level by imposing a 100-yard stay-away provision that would prohibit the defendant from being within 100 yards of the protected person.

What is the Penalty for Violating a Protective Order?

The penalty for violating a protective order in Greenwich, which could be either a D-felony or a C-felony. If the violation is violent or anything of that nature, it would be a C-felony for which the maximum imprisonment is ten years in jail plus a fine and a period of probation. If it is more of a technical violation, such as a nonviolent message, it would be a Class D felony, for which the maximum penalty is five years in jail, a fine, and probation period.

What is a Restraining Order?

A restraining order is a civil counterpart to a protective order. In Greenwich, a protective order involves a criminal case in which there was an arrest. A restraining order involves a civil matter and is issued by civil courts or family courts. Restraining orders are issued when somebody applies for one by filling out an affidavit.

In those instances, the case is one person versus another person. In a criminal court, it is the State of Connecticut versus the defendant. The penalties and levels of severity are the same.

There are many ways a protective orders following a Greenwich third-degree assault case can be enforced in Greenwich. One is that if the protected person wants to be protected by either type of order and the defendant violates it, they can call the police, make another report, and the Greenwich Police would likely make an arrest.

Resons for Violating a Protective Order

There are other instances in which neither the defendant nor the protected person wants the protective order in place and they want to be together. They would be knowingly violating the order, but it is consensual. In those cases, it usually is a family member or someone who did not want them being together and reported it to the police.

There have been cases where the Greenwich Police Department checked on the protected person’s home to see, for example, whether the defendant’s car was parked outside or some other violation might be taking place.

If they are seen together, the police could run a license check and see that protective orders following a Greenwich third-degree assault case are in place. There are many ways the orders end up getting enforced. Some are purposeful and some are just incidental, but both end up resulting in a violation charge.

Awards & Accolades
Live Chat