New Canaan Protective Order Lawyer
The Norwalk, Connecticut criminal court frequently issues a variety of protective and restraining orders in connection with New Canaan domestic violence arrests. While some New Canaan protective orders originate in criminal court and others come from civil court, if the orders are violated, then the violation triggers a felony arrest in New Canaan for violation of protective order.
It can be difficult to understand the terms of an order, and even more difficult to comply with it, in today’s world of electronic media where communications can be shared with thousands of people automatically. It is quite possible to violate a criminal protective order or civil restraining order without even being aware of the violation.
If you have been arrested in New Canaan for criminal violation of a protective order, then you need to meet with a New Canaan criminal defense attorney who understands the laws and procedures involved. A New Canaan protective order criminal lawyer can provide guidance on how to proceed to avoid violations and can advocate in court to help ensure that your side of the story is represented fully and fairly.
Different Types of New Canaan Protective Orders
Connecticut law provides for various types of orders of differing length with a tremendous range of restrictions. Some orders allow the parties involved to communicate and continue to share a home, but they prohibit certain specified behavior such as harassment or intimidation. What constitutes such behavior can be a matter open to interpretation, so it is essential to use caution and get advice from a New Canaan restraining order attorney.
More restrictive protective orders can ban an individual from entering the home or workplace of the accusing party, although these orders may allow the parties to communicate with each other.
The most restrictive orders are full no-contact orders which forbid the individual against whom they are issued from entering the home or communicating with the accusing party in any way, including through social media or text messages. Even communicating via a third party has been interpreted to violate these types of orders and can get someone arrested in New Canaan for criminal violation of a protective order.
Restraining Orders vs. Protective Orders
A criminal protective order is issued by a criminal court during the course of domestic violence cases. These orders generally remain in place throughout the course of the proceedings. However, the courts can issue standing protective orders of longer duration.
By contrast, a civil restraining order is issued by a Connecticut Family Court judge after one party to a domestic dispute fills out an application. Before the order is issued, the court holds a full evidentiary hearing during which both parties have the opportunity to present evidence to a judge and explain their sides of the story. However, if the party requesting the order makes a convincing case that the threat of danger is imminent, the court may issue a temporary order (called an “ex parte order”) forbidding contact until the hearing.
A civil restraining order can be requested by a member of the applicant’s family, someone who lives in the same household as the applicant, or someone with whom the applicant has been in a romantic relationship.
Penalties for Violations Orders
The violation of either a criminal protective order or a civil restraining order is considered a Class D felony in Connecticut. Those convicted of violating one of these orders could face a prison sentence of up to five years, probation, and a fine of up to $5,000.
Contact a New Canaan Protective Order Attorney
With lengthy jail penalties at play for the violation of sometimes confusing and complicated protective orders, it is critical to seek advice and counsel from a New Canaan protective order attorney who can assist you with fighting your New Canaan arrest for violation of a criminal protective order or civil restraining order.
When you contact New Canaan protective order lawyers, your attorney can not only provide guidance, but also serves as your advocate in court, working to ensure that your evidence is investigated fully and presented in the most favorable light.