Greenwich Protective Order Lawyer
Anyone with a pending domestic violence charge in Greenwich will almost certainly have a Criminal Protective Order (similar to a civil restraining order) hanging over them during their criminal case which—depending on the level of protective order—limits their degree of contact with the alleged victim in their case. The best Greenwich criminal lawyers frequently tell their clients that Greenwich police strictly enforce these criminal protective orders. And if you violate these protective orders, you can quickly find yourself facing a felony arrest for Violation of a Criminal Protective Order in Greenwich under C.G.S. § 53a-223.
Greenwich protective order lawyers know that Greenwich Police considers this charge a domestic violence crime, and just like your first DV arrest, you will be ordered to Stamford Superior Court on the very next business morning for another arraignment, which includes another protective order / restraining order hearing, bond argument, and grueling interview with Stamford Superior Court Family Relations Officers.
Fighting Your Arrest
As any of the best Greenwich protective order attorneys will tell you, an arrest in Greenwich Connecticut for Violation of a Criminal Protective Order under CGS § 53a-223b must be aggressively defended, whether it’s a serious violation or just a technical violation. A Violation of a Criminal Protective Order arrest in Greenwich Connecticut is a Class D Felony, punishable by up to five years in prison, a $5,000 fine, and years of probation.
As soon as you get to court, your attorney should immediately file motions with the court to preserve digital video surveillance evidence, as well as any email, text or social media evidence that can help show the prosecution that you were baited or lured into violating the criminal protective order. Many times when people are embroiled in a nasty divorce, they will try to bait you into violating the criminal protective order so they can use the arrest against you in the pending divorce or custody proceeding.
Other ways to get your Violation of Criminal Protective Order arrest dismissed in Greenwich is to convince the domestic violence prosecutor to let you use the Family Violence Education Program to suspend the prosecution of your case until a dismissal.
Penalties for a Violation
Getting arrested in Greenwich Connecticut for Violation of a Criminal Protective Order is a Class D felony, punishable by up to five years in prison, probation and a $5,000 fine. This conviction will show up on all employment background checks, and can detrimentally hamper your ability to find work, get a mortgage, or get adequate life insurance for your family.
Additionally, the victim in your case may ask for a lifetime standing criminal protective / restraining order as a condition of your conviction, which can continue to hang over your head for up to 50 years. The stakes are high, so be sure to consult with a top Greenwich protective order attorney prior to pleading guilty to this charge.
Technical Violations of Your Greenwich Protective / Restraining Order
Some of the most common violations of criminal protective orders and civil restraining orders in Greenwich Connecticut are “technical” violations. Technical violations arise when parties accidentally engage in contact with the protected person that—while not threatening or harassing—is still a literal or “technical” violation of the criminal protective order issued by the Stamford Superior Court.
These violations usually arise when the strictest protective orders are in place: called “Full No Contact” protective and restraining orders. These orders forbid any physical, verbal or electronic contact whatsoever with your accuser.
Even incidental contact like a group email blast, an accidental butt-dial of the protected person’s cell phone, or a “like” on Instagram or Facebook qualify as technical violations of a Greenwich protective order and can get you arrested for a Protective Order Violation under CGS 53a-223b.