Modifying a Protective Order in New Canaan
Protective orders are generally an inherent part of the legal process when someone is charged with a domestic violence in Connecticut. If you are interested in modifying a protective order in New Canaan, a qualified domestic violence lawyer could go over your legal options with you and work on your behalf to obtain a more favorable situation.
How Protective Orders are Issued in New Canaan
There are multiple kinds of protective orders in New Canaan, Connecticut. To read about the different types, click here.
In the criminal context, protective orders are often seen in connection with domestic violence cases. Domestic violence cases typically move much faster through the Connecticut legal system than other types of cases, in part to protect alleged victims from suffering further harm. When someone is arrested on suspicion of domestic violence, their arraignment hearing will usually occur the very next day.
At your arraignment the court is likely to issue a criminal protective order. This order will protect any alleged victim and can extend to their children or animals. Depending on the severity of the allegations the order might just prohibit threatening or harassing the protected party or it can be as strict as to remove you from your home.
However, since these cases can go on for weeks or even months, even a temporary protective order could have a significant negative impact on a defendant’s life and work. Accordingly, modification of a New Canaan protective order may be necessary in certain circumstances.
What is The Process for Contesting or Modifying a Protective Order?
Regardless of whether a defendant intends to appeal the terms of their protective order, those terms remain in effect until their criminal case ends or until a court grants a motion for modification. In other words, a violation of a protective order during the process of filing a motion for modification may still result in criminal consequences, so it is crucial for defendants to keep abiding by the older terms until they are formally changed.
The first thing someone who wants to modify a protective order in New Canaan should do is file a motion for modification with the clerk of the criminal court where their arraignment hearing takes place, and also serve a copy of that motion to the Victim Advocate, the prosecutor, and the Office of Family Relations. This motion should explain the defendant’s argument for why, based on certain evidence and/or legal principles, the order they are subject to should be revised.
If the motion is granted, the defendant would then have an opportunity to attend a modification hearing and present further evidence supporting their position—including witness testimony and documentary evidence—to the judge. Based on this testimony, as well as input from the other parties to whom the motion for modification was served, the judge may either grant the defendant’s request or continue to enforce the previous order.
How Can a Lawyer Help?
When considering modifying a protective order, courts are looking to check off specific boxes. They want to make sure they are not putting the alleged victim in danger, and they need to see certain things to be confident of that. This is where a lawyer could help. Gathering evidence, formulating arguments, and putting together mitigation materials can mean all the difference in getting your order modified. To learn more about the hearing itself, click here.
Talk to an Attorney About Modifying a New Canaan Protective Order
Working with skilled legal counsel is typically the best way to increases your chances of success with modifying a protective order in New Canaan. Click here to read what our clients have to say about working with us at Mark Sherman Law. To schedule a consultation and discuss your unique case, call today.