Types of Protective Orders in New Canaan
It is important to understand and exhaust all your legal options if you have had a protective order issued against you in the State of Connecticut. An attorney who is well-versed in defending clients against the various types of protective orders in New Canaan could help you determine the most effective strategy to fight this action.
What Are The Different Degrees of Protective Orders?
There are several degrees of protective orders that may be issued in New Canaan. The harshest type of protective order, a full no contact order, prohibits the alleged offender from maintaining any form of contact with the individual or individuals named in the order. This means that the accused will not be able to see their accuser at their home, which could be very problematic when a protective order is taken out by one spouse against another. You will also be banned from maintaining any other type of communication with the complaining victim, be it over the phone, text, chat, or in person.
The next degree of a protective order allows for a certain degree or in person interaction. This is known as a residential stay away order. While the accused will still be forbidden from going to the other party’s residence, they can still maintain some form of in-person communication.
The third type of New Canaan protective order allows by far the widest latitude for communication between the parties when compared to the other types of protective orders. Known as a “partial” protective order, it permits the parties to communicate openly and even continue living together. However, a “limited” protective order explicitly bans the alleged offender from acts such as abuse or leveling threats of harm against the other party.
What Is the Duration of Protective Orders in New Canaan?
The duration of the different types of New Canaan protective orders varies. A protective order is commonly issued as part of a domestic violence criminal case. It should be noted that if and until the protective order ends or is modified by the adjudicating court, the terms of the order should be followed to the letter. The party against whom the order was taken out cannot simply stop complying with the conditions of the protective order. Certain protective orders can remain in effect for a number of years. In specific cases involving particular types of criminal misconduct, a protective order can be granted for a lifetime duration per General Statutes of Connecticut § 53a-40e.
These orders, known as standing criminal protective orders, can impose a wide range of restrictions on the accused, including instructing the accused to refrain from entering the family residence, from threatening the persons named in the protective order, or otherwise trying to impose limits on the other person’s freedom. When a standing criminal protective order is issued, the court has broad discretion in determining how long the order may remain in effect.
What Are the Potential Penalties for Violating a New Canaan Protective Order
Connecticut law punishes violations of New Canaan protective orders quite severely. The violation of any terms of a protective order is a felony offense, carrying a harsh jail sentence and financial penalties. Most of the time, if someone violates a New Canaan protective order they will be charged with a class D felony. However, if they engaged in additional misconduct such as inflicting assault upon a person protected by the order, they will be charged with a class C felony.
A Class D felony conviction carries between 1 and 5 years in jail. The person may also be ordered to pay a $5,000 fine. In the State of Connecticut, class C felonies are prosecuted by up to 10 year’s incarceration, plus a maximum financial penalty of $10,000.
To learn more about how a lawyer could help you in a protective order violation hearing, click here.
Ask a New Canaan Attorney for Help Fighting a Protective Order
Has someone filed a restraining or protective order against you? Call today to learn about the various types of protective orders in New Canaan. You can read our certified 5-star avvo.com reviews here, then give us a call at (203) 358-4700.