Greenwich Third Degree Assault Protective Order Hearings
Greenwich third-degree assault protective order hearings typically hold the role of explaining the expectations of a protection or restraining order, whether temporary or permanent. The accused could be found in violation of an order even if the person the applicant in the civil court, changes their mind and the defendant violates it. The only way either order can get lowered or get removed is if the court does it. Therefore, it could be critical to speak with an established third-degree assault attorney about how to proceed with your case.
Role of Family Relations Officers in Protective Order Hearings
An assault attorney can help the accused during Greenwich third-degree assault protective order hearings by speaking with the Family Relations officer to give their side of the story. The Family Relations officer is the person who recommends a type of protective order to the judge. The attorney will want to make sure that meeting goes well and that the Family Relations officer knows any helpful points about the individual before deciding on the recommendation. Typically that is most helpful for a lower level of protective order.
How Are Assault Cases With Multiple Arrests Handled?
In dual arrests where both people are arrested, each person would be a defendant in their own case, but a victim in the other’s case. In those cases, an experienced third-degree assault attorney would bring the individual to the Office of the Victim Advocate and tell them what kind of protective order they think is appropriate in the case. That will also be feedback given to the judge.
Later in the criminal case, usually the second or third court date, if both parties want it, the attorney may file a motion to modify the protective order. As an example, if the first order issued is a full no-contact protective order but the parties want contact and perhaps have had some counseling and are ready to have contact, the attorney may file a motion to modify the conditions Greenwich third-degree assault protective order hearings .
How Do Restraining Order Cases Differ?
For a restraining order hearing, the process is a bit different, in that it is treated more like a trial in front of a judge, like a bench trial. At such a hearing, the attorney can help especially if someone has been served with a restraining order and is a respondent.
An attorney can present the defense to the restraining order as far as questioning the witnesses of the applicant. If the respondent wants to take the stand, the attorney can question the accused as well and make an argument to the judge for legal reasons why a restraining order should or should not be issued.
Defending Assault Offenses Without Trial
many facing Greenwich third-degree assault protective order hearings are willing to do what is necessary to rid themselves of the charge. That may be a reason that few assaults result in trials. Usually, the only circumstance in which an assault in the third-degree case does not proceed to trial in Greenwich is if it ends up settling short of trial.
One way is have the person do some counseling or treatment upfront, either privately or through the court, to be able to show the prosecutor that the person takes the charge seriously and is doing things to ensure the incident never happens again. In cases like that, experienced attorneys are sometimes able to get the case dropped by the prosecutor in exchange for counseling, staying out of trouble, and obeying the protective order.
If the prosecutor is not willing to drop the case, the attorney can recommend submitting an application for the Family Violence Education Program. That way, they will be asking the judge directly to grant the program, If the judge does, the person will have to do nine weekly classes, stay out of trouble, and obey the protective order for a period determined by the judge. If the defendant does all those things, the case will be dismissed. Because of these two options, a lot of cases do not proceed to trial.