Fighting a Family Court Restraining Order in Milford
Fighting a family court restraining order in Milford may be necessary to avoid damage and embarrassment to you and your reputation in the community. Intervention by a criminal defense lawyer could help avoid or reduce the potentially negative impact of family court restraining orders on your life.
What is a Family Court Restraining Order?
Connecticut General Statutes (C.G.S.) § 46b-15 authorizes the family courts of Connecticut to issue restraining orders to alleged victims of physical abuse, stalking, or patterns of threatening by family or household members. To get one of these orders, the complaining or concerned party must apply directly to the court. These orders can extend to a person’s minor children and/or pets as well.
Family courts can enter restraining orders independent of a criminal case. In other words, individuals do not need to be facing criminal charges or be convicted of a crime to be subject to this type of restraining order.
First, if the risk of danger appears to be severe enough, a court can issue an immediately effective short-term restraining order without a hearing, or an “ex parte” order. The judge will then schedule a hearing to determine whether it is appropriate to enter a long-term restraining order or remove the ex parte order.
Who are Family and Household Members in CT?
C.G.S. § 46b-38a defines family or household members as:
- Current and former spouses
- Parents, children, and other relatives by blood or marriage
- Individuals who currently live or formerly lived together,
- Individuals who are dating or were recently in a dating relationship
- People who share a child
What are the Types of Family Court Restraining Orders in Milford?
Family court restraining orders in Connecticut come in three different forms, as follows:
- Full no-contact orders prevent the accused from having any contact with the alleged victims;
- Residential stay-away orders allow communication between the parties but prevent the accused from entering the home or workplace of the alleged victims;
- Partial protective orders permit regular contact between the parties but prohibit any abusive or threatening behaviors.
These orders may also contain more specific provisions that apply to the circumstances of the parties. Since violating any of the terms is a crime, individuals may want to consult legal counsel for information about their rights.
What Happens if the Parties to a Restraining Order are Married or Share a Child?
If the parties are married or share a child, the court can set other terms as needed. For example, they may prevent the accused from shutting off utilities for the family home, canceling or changing insurance policies, or disposing of property. The court can also order that the alleged victims have temporary access to keys, checkbooks, identification, or other similar personal effects.
Connecticut restraining orders may also require the accused parties to make rent or mortgage payments on the family home or pay child support. As these orders can impose extensive obligations and restrictions on individuals, taking immediate steps in fighting a Milford family court restraining order can be crucial.
Fight Back Against Your Family Court Restraining Order
Various defenses may be available for those subject to protective or restraining orders. Call Mark Sherman Law today to discuss your situation. A lawyer could help you with fighting a family court restraining order in Milford.