Types of Norwalk Protective Orders
There are three types of Norwalk protective orders. The severity of the allegations, whether children are involved, and the alleged victim’s input usually determine which type of protective order the judge will enter.
If you had a protective order issued against you or are concerned one will be, reach out to a top Norwalk domestic violence lawyer today. Protective orders can have a devastating impact on your personal and family life, but an attorney could fight for your rights.
Categories of Protective Order in Norwalk
A full no-contact order is the strictest type of protective order in Norwalk. That prohibits a person from having any contact whatsoever with the alleged victim. They cannot have any physical, verbal, electronic, or digital contact of any kind.
The next type of order that can be issued against a person is the residential stay-away order, which is more lenient than the full no-contact order. With the residential stay-away order, a person is still able to have physical and written contact with the alleged victim, but they will not be able to go to their workplace or home, even if the two parties share the home.
The most lenient type of Norwalk protective order that can be issued is a partial protective order. A partial protective order allows the accused to continue living as they were, but it prohibits them from threatening, harassing, or intimidating the alleged victim.
Difference Between Protective Orders and Restraining Orders
A person can be subject to a protective order and a restraining order at the same time in Connecticut. The protective order is a criminal proceeding, and the restraining order is civil, so they would involve different proceedings.
Ex Parte Restraining Orders
An ex parte restraining order can be issued without prior notice to the alleged abuser and without them being present in court. The ex parte procedure basically means that the judge determined the allegation is serious enough to issue a temporary restraining order without any notice to the party or without hearing from the other party. An ex parte protective order could possibly restrain the accused from having any direct contact with the petitioner as well as anything that would be considered annoying, harassing, or threatening towards the victim.
This type of Norwalk protective order goes into effect the day it is signed by the judge. After issuing the order, the judge schedules a hearing to take place within 7-14 days. In that hearing, the judge will decide whether the restraining temporary order should be extended.
Implications for Child Custody and Visitation
Under certain circumstances, a judge might find the allegations serious enough to issue an ex-parte order that prohibits visitation or contact with any minor children of the accused. In most cases, however, criminal and civil judges will try to avoid issuing an ex-parte order involving child custody or visitation rights. Typically, judges will put an exemption on the order stating that any custody, child visitation, or other orders of the family court should be obeyed.
Consult with a Lawyer About the Types of Norwalk Protective Orders
The best protective order lawyers understand that these court orders present emotional challenges for everyone involved. An attorney could help you understand the types of Norwalk protective orders and how they apply to your situation. Reach out to an attorney today to discuss your case.