Norwalk Restraining Orders
A restraining order in Norwalk, Connecticut, is a civil version of a protective order. Somebody can make an application to a civil court in Connecticut to ask the court to enter the order restraining a particular person from having some form of contact with the person that has applied for the restraining order. The difference is that the restraining order does not require the filing of criminal charges. It is important to understand the restrictions and regulations of a Norwalk restraining order, and how a skilled domestic violence lawyer can be helpful in ensuring the order is properly handled.
Differences From a Protective Order
In terms of how a person applies for Norwalk restraining order or protective order and how a person is granted it, there actually needs to be a hearing and a civil restraining order for it to be imposed and at the hearing it needs to actually be proven that the person against whom the restraining order is brought has conducted themselves in a way that has created a threat of violence against the person making the application. The difference is that a person has to have that hearing within two weeks of the filing of the application for the restraining order, whereas in the criminal context, once the arrest is made a judge can impose a protective order without having a full hearing as to whether that protective order is appropriate in that particular case.
Considerations of an Order
Anybody with whom a person has a familial relationship or dating relationship with at the time that the protective order was made or where they recently had been dating or residing together can file for a restraining order in Norwalk.
A Norwalk restraining order will not require an individual to do anything, but it will prohibit them from having certain forms of contact with the particular individual. In order to vacate, change, or extend a restraining order in Norwalk, there needs to be an application to modify a civil restraining order, and in order to do that person seeking the modification would have to show a substantial change in circumstances such that the imminent threat of physical harm is no longer present.
Impact of an Order
A person can get a restraining order put in place against them, that is the only legal consequence of what can happen if they see that a restraining order has been applied for against a particular person. There may be consequences of having a restraining order put in place or ordered against a particular person, that being the social stigma that may be associated with having that restraining order put in place. It could affect employment opportunities and coming down to the way that people in society may perceive a person who has a restraining order against them, they may perceive that as being more dangerous or having some other kind of character flaws that what would make people tend to want to dismiss themselves from the person with a restraining order.
If there is a Norwalk restraining order in place in a civil context, somebody can still be arrested and often is arrested for the allegations that form the basis of the civil restraining order application and if those allegations constitute a crime then the person will also be arrested and charged criminally. The fact that a restraining order is in place while the criminal charges are pending does not have an effect on the defendant in the criminal case as long as they do not violate any of the provisions of the restraining order.