Norwalk Restraining Orders
A restraining order is the civil version of a protective order. In Connecticut, an applicant can submit a petition to a civil court asking it to enter an order restraining a particular person from having some form of contact with them, even in the absence of any criminal charges. It is important to understand the restrictions and regulations of a Norwalk restraining order, and a skilled domestic violence attorney can be helpful in ensuring the order is properly handled.
Restraining Orders vs. Protective Orders
In order for a restraining order to be imposed, there needs to be a hearing. At the hearing, which must happen within two weeks of filing the application for the restraining order, the applicant must show that the subject of the restraining order has conducted themselves in a way that has created a threat of violence against the petitioner. This differs from the criminal context, where once the arrest is made a judge can impose a protective order without having a full hearing.
Considerations of an Order
Anybody with whom a person has a familial or romantic relationship at the time that the protective order was made can file for a restraining order in Norwalk.
A restraining order will prohibit an individual from having certain forms of contact with the applicant. To vacate, change, or extend a restraining order, there needs to be an application to modify it. In such applications, the person seeking the modification would have to show a substantial change in circumstances, i.e., the imminent threat of physical harm is no longer present.
Potential Conditions of Norwalk Restraining Orders
The extent to which a restraining order limits the rights and freedoms of the person subject to it may vary depending on that person’s relationship with the protected party and the specific abusive or threatening conduct they are accused of. In certain situations, a restraining order may only require the subject to refrain from any further harassment or abuse of the protected party with no additional conditions.
More commonly, though, these orders impose specific restrictions on where the subject can go and what they can do, such as:
- Prohibiting the subject from entering the same residence, workplace, or building as the protected party;
- Prohibiting all contact with the protected party, their children, and/or their pets;
- Prohibiting the subject from being within 100 yards of the protected party;
- Granting the protected party temporary custody or visitation rights, and/or removing such rights from the subject; and/or
- Granting temporary lawful possession of personal property like automobiles or house keys solely to the protected party.
Moreover, in Connecticut, judges have the authority to include any terms they believe are necessary to prevent the protected party and their children from enduring any further harm due to the actions of the subject.
Consequences of an Order
There may be several consequences of being the subject of a restraining order. These consequences include the social stigma that may be associated with having that restraining order put in place and the potential that your employment opportunities may be affected. A restraining order that is in place due to underlying criminal charges, however, does not have an effect on the defendant in Norwalk as long as they do not violate any of the provisions of the restraining order.
How Quickly Can Someone Obtain a Restraining Order?
A person who believes that another party presents an immediate physical danger to them may feel like they cannot wait for a hearing for a permanent restraining order. In this scenario, the party seeking protection may petition the court for a temporary or ex parte restraining order which, if granted, could go into effect immediately without the subject appearing in court or even being made aware that a petition has been filed.
Temporary restraining orders can have many of the same conditions and impose many of the same restrictions on those subject to a permanent restraining order. In these cases, courts may take into account prior convictions and outstanding arrest warrants for the proposed subject, any current or past history of other orders of protection against the subject, the results provided by the Court Support Services Division’s risk assessment tool, and any other relevant information regarding outstanding or disputed family matters.
If a court issues a temporary restraining order in Norwalk, a full court hearing for a permanent order must take place within 14 days or within seven days if the petitioner notes in their application that the proposed subject of the order has a permit for and/or possesses firearms or ammunition. If the permanent restraining order hearing is postponed for any reason, an existing temporary order may be extended until the hearing takes place. If issued at the conclusion of such a hearing, permanent restraining orders may last for up to one year after their date of issuance, at which point the protected party may seek a renewal with the court.
Speak With a Norwalk Domestic Violence Attorney
A qualified Norwalk domestic violence attorney from Mark Sherman Law can help you navigate the complexities of a restraining order and safeguard your personal and professional reputation in the process. Click here to read our over 300 certified client reviews on Avvo.com, and call us today to schedule your confidential consultation.