Greenwich Protective Order Violations
Protective orders and civil restraining orders are common in Greenwich domestic violence cases. However, the terms can be so restrictive that they effectively penalize the other party to the disagreement, often to an unfair degree.
For help understanding the terms of a court order and preventing Greenwich protective order violations, contact a top domestic violence lawyer today.
Types of Protective Orders
Courts issue different types of protective orders, depending on the situation:
Criminal Protective Orders
When a court issues a protective order in connection with a criminal case, the order is referred to as a criminal protective order under Connecticut General Statutes (“C.G.S.”) §46b-38c(e) or §54-1k depending on whom the victim is. The court has discretion as to the limits of the order and how much or little contact you may have with the person protected by the order.
Most of the time, these orders expire at the end of the criminal case. However, under certain circumstances the court may issue what is known as a standing criminal protective order, under C.G.S. §53a-40, which lasts beyond the duration of the criminal case.
Civil Restraining Orders
When someone believes they are being stalked, threatened, or otherwise put in fear for their safety by a family or household member, they may seek a restraining order from a civil court under C.G.S. §46b-15. This is sometimes referred to in Greenwich as a “relief from abuse” order. In many cases, these orders last for one year.
Civil Protection Orders
A similar order may be sought under C.G.S. §46b-16a when someone “has been the victim of sexual abuse, sexual assault, or stalking.” Courts may issue this type of order against someone who is not in a domestic relationship with the person seeking the order.
What are the Penalties for Protective Order Violations?
Violating a protective order of any nature (civil or criminal) is a serious offense.
Connecticut General Statutes §53a-223 and the three statutes that follow are quite similar in their language and approach to violations. A basic violation of a protective order is a Class D felony punishable by to up to five years in prison and/or a fine of up to $5,000.
However, violation of a protective order, standing criminal protective order, or restraining order may be treated as a Class C felony if the violation includes the following type of conduct against another individual:
- Restraining
- Restricting liberty
- Threatening
- Harassment
- Assault or sexual assault
- Molesting
- Attacking
The maximum penalties for a Class C felony are twice as high as those for a Class D felony— up to ten years in prison and/or a fine as high as $10,000. According to C.G.S. §53a-223c, violation of a civil protection order remains a Class D felony regardless of the circumstances.
Consult with a Top Greenwich Protective Order Attorney
Greenwich protective order violations can be a great concern for those in domestic disputes. It may be difficult to understand and comply with the terms, and even an unintentional violation could provide grounds for severe penalties. For help avoiding violations or defending against allegations of domestic violence, reach out to a knowledgeable Greenwich Protective Order lawyer at Mark Sherman Law today.