Modifications to Greenwich Protective Orders
Once a protective order is entered against the defendant, it has to stay in place until the court case is disposed of. Protective orders can, however, be modified. All modifications have to be entered by a judge, so a person will have to go court to get the protective order modified.
Many people believe modifications to Greenwich protective orders are simple and easy to come by, but they could be in for a surprise when they get to court. The judges will consider many factors when deciding whether or not to grant a modification, and most laypeople do not know how to prepare an effective case. Whether you are seeking a modification or fighting against one, it could help to have a Greenwich attorney by your side. The best CT lawyers understand how to guide you through the protective order hearing process.
Types of Modifications in Connecticut
Depending on the type of the protective order, the most common modifications to Greenwich protective orders are to allow some degree of contact, allow some type of input and visitation, or allow the defendant to return home. A person can request any modification they feel is necessary for their situation. For example, if a person wants to allow contact to coordinate child visitation, the court could grant that but still allow no other type of contact.
Modification of Custodial Rights and Firearm Rights
Custodial rights can be modified in a protective order case, but typically a criminal court will defer these matters directly to the family court. Firearm rights cannot be restored or modified, the only time that can happen is when the protective order is no longer in place.
Modification Without the Consent of the Petitioner
A protective order can be modified without the consent of the petitioner. If the court feels that enough time has passed, the defendant has fully complied with the existing protective order, and they no longer pose a danger to the petitioner, the court will typically modify the order regardless of whether there are objections.
Rehabilitation Options in Greenwich
A defendant is always free to seek any type of private counseling such as anger management, alcohol, or substance-abuse counseling. That is always helpful to show to the court. In all domestic-violence cases, however, the court offers a pre-trial diversionary program called the Family Violence Education Program, which they have to complete successfully. The program is rehabilitative because it teaches them about domestic violence, alternative coping mechanisms, anger management treatment, and other relevant topics.
If an attorney can show proof that someone voluntarily sought counseling and are actively engaged in counseling, it shows the judges the person has taken restorative measures to correct the situation. If a judge sees that someone recognizes the gravity and seriousness of the situation, it could lead to more positive outcomes.
Call to Learn More About Modifications to Greenwich Protective Orders
As the best attorneys understand, modifications to Greenwich protective orders can be difficult to come by. However, local attorneys understand what the judge is looking for and know how to prepare a case. If you need representation in a protective order hearing, contact a top CT lawyer today.