New Haven Protective Order Lawyer
If you had a protective order issued against you, consider contacting a top defense attorney as soon as possible. A New Haven protective order lawyer could provide valuable advice about your legal options and work towards a positive resolution of your charges.
What is a Protective Order or Restraining Order in New Haven?
Protective orders and restraining orders are orders that are often issued in New Haven domestic violence cases, that are used to protect a complainant from violence or the threat of violence. An order can be issued by a criminal or civil court. In either case, when a person violates an order of protection or restraint, they may face severe criminal penalties.
Is Violating a Protective or Restraining Order a Crime?
Yes. Any violation of a protective or restraining order can lead to an arrest, which is why it is important for people to understand the terms of the orders so that they can follow them. The terms of restraining orders and protective orders can be vague or confusing. It may be difficult to know whether certain actions comply with the order. The difficulty is increased by the technology of cell phones and social media, as a communication intended for a particular person or group can be viewed by thousands of others. Through one social media post, someone can inadvertently violate the terms of a protective order or a restraining order.
An experienced domestic violence lawyer can help ensure compliance with protective orders by explaining the terms of the order to help you understand how to avoid actions that would be considered a violation.
What is the Difference Between a Protective and a Restraining Order?
The most significant difference between protective and restraining orders typically surrounds how they are administered.
A protective order is typically issued at an arraignment in criminal court. An arraignment occurs when a person is charged with a domestic violence offense. These orders may remain in place throughout the duration of the case.
A civil restraining order is typically issued by a judge in family or civil court based on the circumstances of an application from one party alleging misconduct by another. The court usually holds a hearing before issuing the order, and gives the complainant the chance to argue that they are in imminent danger from the other party. This could result in a temporary order which may prohibit certain actions before the actual hearing. A temporary order is an “ex parte” restraining order and essentially means that it was granted on the word of one party without input from the other.
What Are the Penalties for Violating an Order in New Haven?
Whether the order is civil or criminal, a violation of that order is often considered a criminal offense. Connecticut General Statutes § 53a-223(b) and § 53a-223(c) specifies that violation of a civil restraining order is a class D felony, or a class C felony if the violation involves threats, violence or physical restraint.
A class D felony in Connecticut is punishable by up to five years in prison and a fine of up to $5,000. The maximum penalties for a class C felony is up to ten years of imprisonment and a fine as high as $10,000.
Speak to an Experienced New Haven Protection Order Attorney Today
In many cases, the violation of a protective order can be a more severe crime than the underlying criminal offense. With harsh penalties and a high risk of potentially misunderstanding the terms of the order, it is imperative for a person to seek legal counsel to defend against unnecessary orders and to fully understand the terms of any order in place. A New Haven protective order lawyer can fight for your rights to avoid costly mistakes. Contact our attorneys for a consultation today.