How Can I Get a New Canaan Violation of Protective Order Arrest Dismissed?
If New Canaan police accused you of violating a protective order, you may be wondering if you can get your arrest dismissed. Reaching out to a top protective order attorney could be a positive first step in achieving that goal.
What is the Purpose of a Protective Order?
Connecticut courts are authorized to issue protective orders in a variety of situations. The general purpose of protective orders is to prevent individuals from harassing, threatening, or being physically violent toward others. Protective orders most often arise when individuals are arrested for a crime of domestic violence concerning specific family or household members. These orders can contain various conditions, from removing the accused from the household to prohibiting any contact with the protected persons, whether direct or indirect.
What is a Protective Order Violation?
Connecticut General Statutes (C.G.S.) § 53a-223 establishes the criminal offense of violating the terms of a protective order. Actions constituting a violation can range from sending a text or email message to the protected person to physically attacking them. Any violation, whether it causes physical harm to others, can result in an arrest and criminal charges under Connecticut law.
What are the Penalties for Violating a Protective Order?
If individuals commit a technical violation, such as texting or calling the protected person, the offense is a Class D felony punishable by a prison sentence up to five years and a fine as high as $5,000.
If individuals commit more serious violations like sexually assaulting, harassing, threatening, or taking similar actions toward the protected person, the offense is a Class C felony punishable by one to ten years in prison and a $10,000 fine.
What are the Long-Term Consequences of an Arrest and Conviction?
Individuals arrested for violating a protective order may face repercussions that go well beyond those imposed by the court. A felony conviction creates a permanent criminal record, it can also prevent you from traveling outside the country, voting, living in certain areas, and working in certain professions.
How Can I Get an Arrest Dismissed?
Depending on the circumstances, individuals may have various opportunities to lessen the chance of or avoid a conviction for violation of protective order charges in Connecticut. The State of Connecticut (the prosecutor’s office) controls the charge, and in some situations attending counseling or anger management courses may improve the situation and could even lead to a dismissal of the charge.
In some cases, the pretrial Family Violence Education Program (FVEP) may be available. Individuals who are eligible for FVEP, which is a diversionary program for specific first-time offenders, may be able to get a New Canaan violation of protective order arrest dismissed. However, enrollment in FVEP can keep cases pending for as long as two years, which still can be damaging for individuals trying to find employment or housing.
Getting a Violation of Protective Order Arrest in New Canaan Dismissed
If you were arrested for violation of a protective order in New Canaan, you likely have questions about what to do from here and how to get your arrest dismissed. By contacting legal counsel, you may be in a better position to obtain a dismissal.
Working with a criminal defense attorney can allow you to explore all options that could lead to a favorable resolution in your case. To learn how an attorney can help in your situation, call Mark Sherman Law.