New Canaan Protective Order Arrest Lawyer
Any violation of a protective order’s terms, whether intentional or accidental, could have severe consequences for your personal freedom and future prospects—potentially even greater than those associated with your original offense.
A New Canaan protective order arrest lawyer could help you understand why you were arrested and advocate on your behalf for a favorable resolution to your case.
How Courts Address Protective Order Violations
Different types of domestic violence offenses may result in different types of protective orders being instituted by the court. A minor charge of disorderly conduct may only warrant an order to not harass the alleged victim any further, while domestic assault could lead to a residential stay-away order or even a cessation of all contact between the involved parties.
While it is possible to formally appeal the terms of a protective order under certain circumstances, those terms are binding until the order is either modified by a court or expires based on a court’s order. If a protective order bars a defendant from making any contact with the protected party, even a single text message sent to that party would constitute a violation of the order and could potentially lead to the defendant’s arrest.
A New Canaan protective order arrest attorney could offer further clarification about how the courts might address a particular violation and what the order allows, in order to mitigate their risk of accidentally violating it.
What Are Some Potential Consequences of a Protective Order Arrest in New Canaan?
Under Connecticut General Statutes §53a-223, criminal violation of a protective order is a class D felony under most circumstances, and the offense may be upgraded to a class C felony if it involves the defendant threatening, harassing, or assaulting the protected party in any way. Respectively, a conviction for either version of this offense could result in one to five years in prison and a $5,000 fine, or one to ten years in prison and a $10,000 fine.
Intentional violations of protective orders are treated more harshly by courts than inadvertent or accidental ones, but this is not true for every situation. Additionally, defendants subject to protective orders can still be arrested even if they are convinced or requested to do so by the protected party, and the protected party cannot be charged with conspiracy to commit a criminal act.
Fortunately, just as evidence like phone and email records could be used to demonstrate a violation of a protective order, it may alternatively be possible to argue that an alleged violation did not happen the way law enforcement or the protected party claims it did. Whatever defensive strategy is pursued in this kind of case, working with a skilled protective order arrest lawyer is often critical to executing on it effectively.
Speak with a New Canaan Protective Order Arrest Attorney Today
Being arrested for an alleged violation of your protective order could dramatically change the landscape of your domestic violence case. Besides the penalties you could face for this offense alone, a documented protective order arrest may make it harder to obtain favorable terms in a restraining order later in your case.
Given the severe consequences this kind of allegation can have, you should take advantage of all the help available to you if you end up having to contest one made against you. You can read our hundreds of certified 5-star client reviews here. Then, call today to talk to a New Canaan protective order arrest lawyer about your unique situation.