How Greenwich Protective Orders Affect Freedom
If you were involved in a domestic violence incident, you may want to know how Greenwich protective orders affect freedom. The best attorneys know that protective orders have a significant impact on someone’s life, and they could help you understand the implications of an order issued against you. Call today for legal advice from a sympathetic lawyer.
Effect of a Protective Order on Firearm Rights
If a protective order is issued against anyone in Greenwich, they need to surrender any and all firearms, permits to carry firearms, and ammunition within 48 hours to the local authorities. They will not be allowed to have them at all in their possession or in their home while their protective order is at play. This rule applies to all weapons including BB guns.
A lot of times, this surrender will entail the police working with the individual. They will come to get the firearms and ammunition from the present home and hold them until the case is resolved. An individual can recover their firearms once the case is over and there is no longer a protective order in place. When this happens, they would have to work with the police department to be able to get them back and also potentially work with the Connecticut state police.
Second Amendment Considerations
This is not a violation of an individual’s Second Amendment rights because a person can have firearms as long as they are not a threat or in danger of harming someone with them. The courts have upheld that if someone is arrested for a domestic violence crime, they are a threat, which prohibits them from having from having the weapons.
Residential Stay-Away Protective Orders
If the alleged harmed party in court feels it is appropriate, they can issue a full residential stay-away order against the defendant which would prohibit them from entering into the protected resident’s home or wherever they are residing at that time. If the defendant violates the protective order, it would be a felony charge.
No-Contact Protective Orders
Restricting the defendant from having contact with the plaintiff would be incorporated into a full no-contact protective order. It would prohibit the defendant from having any contact whatsoever with the protected person.
Contact is very broad. It includes phone, email, text, and social media. It also includes contact through third parties. For example, the defendant cannot tell a mutual friend to tell the protected person a message on their behalf. They are also prohibited from contacting anyone who would cause annoyance or alarm to the protected person. That could also be considered to be in violation of a full no-contact protective order, even if it is not directly with the protected person.
Sometimes the court says permissible contact is allowed. This is an exception to the full no-contact order, especially in cases where there are mutual children between the protected person and the defendant. There might be permissible contact to have communication regarding medical emergencies for the minor children or something to that effect.
Let a Greenwich Protective Orders Attorney Be Your Advocate
If you had a protective order issued against you, speak with an attorney about how Greenwich protective orders affect freedom in your case. A compassionate criminal defense attorney could work towards a resolution of your criminal case in order to end the protective order as soon as possible. A lawyer could also serve as your advocate in any future protective order hearings. Call today to get started on your case.