Fighting a Family Court Restraining Order in Norwalk
When a family court issues a restraining order, it’s important to understand your rights and know that you can fight it. A top Norwalk attorney can help, call today to discuss your case.
What is a Family Court Restraining Order?
Under Connecticut General Statutes (C.G.S.) § 46b-15, judges in family courts can issue temporary restraining orders (TROs) to protect people from physical abuse, threats, and stalking by specific individuals. Individuals may be eligible to seek family court restraining orders against the following persons as defined by §46b-38a:
- Spouses or former spouses
- Parents, children, or other relatives
- People with whom individuals live or used to live
- People with whom individuals share a child.
How are TROs Different from Criminal Protective Orders?
Unlike criminal protective orders, a person seeking a TRO must apply for one with the family court. The court will review the application and either grant it outright, put it on for a hearing, or deny it outright. At this hearing, an attorney can help put on evidence to show the court why an order should not be put in place.
What Does a Restraining Order Do?
Generally, family court restraining orders in Norwalk prevent individuals from abusing, harassing, or harming others with whom they have specific relationships. However, they also may contain other provisions in some situations. For example, a restraining order can grant the protected person temporary possession of items such as vehicles, checkbooks, and identification documents.
For spouses or people who share a child and live together, the court can enter Orders of Maintenance. Among the potential Orders of Maintenance are provisions that prevent the persons subject to the TRO from:
- Shutting off utilities for the home
- Canceling or changing health, vehicle, or homeowner insurance policies
- Selling, hiding or disposing of property
Orders of Maintenance also may require individuals to make rent or mortgage payments on the home, pay for utilities, or pay child support. Since these orders can have substantial implications, fighting a Norwalk family court restraining order may be advisable.
Fighting Back Against a Norwalk Family Court Restraining Order
To qualify for a family restraining order, the applicant must believe there is an immediate and present danger to him or her, his or her minor children, or his or her animals. A Norwalk family court restraining order attorney can put forth evidence showing that this is not a reasonable belief.
If a TRO is granted against you, legal counsel can provide valuable advice on how to comply and/or attempt to get the order modified or vacated. For help with your Norwalk family court restraining order, call Mark Sherman Law.