Connecticut Ex Parte Protective Orders
As opposed to restraining orders, which are instituted based on an application filed by an alleged victim of domestic violence, ex parte protective orders are put in place immediately in response to criminal charges of domestic violence. Reach out to a diligent protective order attorney to learn about the nuances of Connecticut ex parte protective orders.
What Is an Ex Parte Protective Order?
In the event someone is arrested on suspicion of domestic violence, prosecutors and court officials usually want to move quickly to protect their alleged victim(s) from any further harm. To facilitate this, Connecticut General Statutes §40b-38c(d) allows courts to issue temporary protective orders immediately following a domestic violence arrest that last until the associated criminal case concludes.
Depending on the severity of the alleged offense and the best interests of all involved parties, this protective order can include a number of different restrictions under Connecticut state law. Misdemeanor offenses like disorderly conduct may warrant only a prohibition on the defendant assaulting, molesting, or otherwise continuing to harm their alleged victim any further.
On the other hand, allegations of felony domestic violence offenses may be met with an ex parte protective order that requires the defendant to stay away from their alleged victim’s workplace and/or residence, including any property the two parties normally share. In the most severe situations, an ex parte protective order in Connecticut may prohibit all forms of contact—personal, written, or electronic—between the defendant and the protected party or parties.
What Are The Potential Consequences of Violating an Ex Parte Order?
A typical ex parte protective order ends once a verdict is reached regarding the criminal charge(s) that warranted the order in the first place. At this point, the judge overseeing the case may elect to extend the existing order, modify it to be more or less severe, or let the order expire and take no further action.
Violation of a protective order, no matter what court oversees it, is a criminal offense separate and in addition to any other charges you may face. It is wise to consult with a skilled Connecticut protective order defense attorney who can help you to understand the parameters of your order to prevent violations. Further, a criminal defense lawyer can help defend your rights if you find yourself facing charges for violating a protective order.
What is a Standing Criminal Protective Order?
A person convicted of a violent domestic violence offense such as criminal assault or child endangerment may subsequently have a standing criminal protective order issued against them. As per C.G.S. §53a-40e, this type of order may last indefinitely or for a specific period of time determined by the court—either way, it can mandate any or all of the restrictions an ex parte protective order could include, and it would remain in effect until the court expressly modifies or nullifies it.
Violating a standing criminal protective order is a class C felony offense, while violating an ex parte protective order in Connecticut may be prosecuted as a class D felony or class C felony depending on the circumstances. Representation from a skilled domestic violence lawyer may be crucial to avoiding severe criminal penalties.
An Experienced Attorney Could Answer Questions About Ex Parte Protective Orders in Connecticut
Following your arrest on domestic violence charges, you may have an extremely restrictive temporary protective order imposed on you. If you want to know more about Connecticut ex parte protective orders, call Mark Sherman Law today to schedule a consultation and discuss your case. Check out our hundreds of Avvo.com reviews and call us at 203-358-4700.