New Canaan Protective Order Hearings
Preparing effectively for your New Canaan protective order hearing may be a lot easier and more productive with help from a top domestic violence lawyer. Reach out to a skilled protective order attorney to discuss your case.
What Does a Protective Order Hearing Entail?
Before the actual protective order hearing begins, a person ordered to appear for one based on a domestic violence arrest must first check-in with the Office of Family Relations in the court their hearing will take place at. The defendant can also participate in an interview with their Family Relations Officer, but this step is optional.
What Happens with the Family Relations Officer Meeting?
A defendant’s Family Relations Officer will compile a safety assessment report that they will then pass on to the judge overseeing the protective order hearing. Once the hearing begins later in the day, the judge will take this report—as well as police reports, witness and social worker statements, and in-person testimony from the prosecution and usually legal counsel for both involved parties—into account when deciding what kind of protective order to put in place.
Is What I Say to a Family Relations Officer Confidential?
At every stage of this hearing, anything a defendant says to their Family Relations Officer, the judge, or any other party may be used against them to pursue a stricter protective order and a conviction in criminal court. Avoiding a negative outcome in a New Canaan protective order hearing is often a matter of retaining a qualified attorney and letting them take the lead during both pre-hearing negotiations and the hearing itself.
What Orders Can a Judge Enforce?
In virtually every protective order hearing, the judge will issue one of three types of protective orders at its conclusion. If the criminal charges against the defendant are dropped or do not result in a conviction, this protective order may only last a few weeks, but it may be extended in length or made more severe if their case has a less favorable outcome.
What Are Partial Protective Orders?
The least severe type of protective order that a New Canaan judge may mandate during this initial hearing is a “partial” or “limited” order. Since the only requirement of this type of order is usually for the defendant to refrain from harassing their alleged victim any further, this order is the ideal scenario that domestic violence lawyers usually push for during these hearings.
How Serious Are Full Protective Orders?
“Residential stay-away” orders—also known as “full” orders—are more strict, as they usually require the party accused of domestic violence to stay out of the alleged victim’s residence and workplace, which may mean a defendant has to move out of their home until the order expires.
What are Full no Contact Orders?
The most severe type of protective order a judge can implement is a “full no contact” order, which prohibits any contact whatsoever between the two parties involved in a domestic violence case.
Legal Guidance Is Crucial in New Canaan Protective Order Hearings
New Canaan protective order hearings are complicated and procedure-heavy endeavors—do not let yourself at a disadvantage by trying to handle yours alone. Call Mark Sherman Law today to speak with a domestic violence lawyer about the possibilities in your case.