Milford Protective Order Lawyer

Judges often automatically enter protective orders in criminal cases involving allegations of domestic violence. Because any violation can result in additional charges, seeking the advice of a Milford protective order lawyer may be highly beneficial.

When do Judges Impose Protective Orders?

Connecticut General Statutes (C.G.S.) § 46b-38c(e) allows judges in criminal cases to impose protective orders, usually after an arrest for a domestic violence crime. Protective orders are often a condition of bail, and if individuals violate these orders, the court can revoke their bail and order them immediately returned to jail.

What are the Terms of a Protective Order?

Judges can tailor protective orders to address specific concerns in a case, but they generally prohibit any contact with the protected persons, whether direct or indirect. Therefore, individuals cannot go through a third party, such as a friend or family member, to initiate contact with the protected persons. As a protective order lawyer in Milford may advise, even if the protected persons initiate the contact, the individuals subject to the protective order can face arrest and criminal charges if they respond.

Additionally, if the parties to the protective order live or previously lived together, protective orders can prevent the accused from entering their own home. Protective orders generally last throughout the criminal proceedings.

What is the Difference Between a Criminal Protective Order and Civil Restraining Order in CT?

While judges in criminal cases can issue protective orders, only judges in family court can issue civil restraining orders under C.G.S. § 46b-15. Protective orders may apply to unrelated parties whose only link is the alleged criminal act, but restraining orders can only apply to specifically defined family and household members.

Another distinguishing characteristic of Connecticut restraining orders is that they can contain particular provisions, particularly when they concern individuals who are married or share a child. For instance, a restraining order can direct the accused person to pay child support, pay rent or mortgage payments, and refrain from making any changes to existing insurance coverage.

What are the Penalties for Violating a Protective Order in Milford?

Under C.G.S. § 53a-223, individuals generally commit a Class D felony if they violate any provision of any protective order. However, this offense can result in a heightened Class C felony charge if the accused commits the violation by:

Imposing any restraint on others or the liberty of others;
Threatening or harassing others;
Assaulting, sexually assaulting, molesting, or attacking others.

Conviction on a Class D felony can result in a maximum term of incarceration of five years and a maximum fine of $5,000. For a Class C felony conviction, the potential prison term ranges from one to ten years, and the fine can be as much as $10,000.

As both these charges are felonies, individuals will also lose some of their civil rights, including the right to possess any firearms. A protective order attorney in Milford may be able to help defend you against alleged protective order violations and work to clear your name.

Contact a Milford Protective Order Attorney for Advice