Impact of a Connecticut Protective Order
The imposition of a protective order can have a serious impact on Connecticut families. For help complying with the terms of your order or resolving your underlying criminal charges, reach out to a top protective order attorney today.
In Connecticut, What Types of Crimes Lead to Protective Orders?
In Connecticut, arrests for domestic violence result in the automatic imposition of a criminal order of protection. Domestic violence is not a crime in itself but refers to a number of different actions committed against family or household members. Common examples include assault, strangulation, disorderly conduct, and threatening.
Courts issue protective orders automatically, even if the alleged victim does not want one. If the petitioner is adamant that they do not want a protective order, however, the court will typically enter the least-restrictive type of order available.
What is the Violence Against Women Act?
The Violence Against Women Act (VAWA) is a federal law that directs the national response to crimes of domestic violence, sexual assault, dating violence, and stalking. Connecticut’s state legislature has codified it, and it dictates how a court should respond to allegations of domestic abuse. VAWA is one of the reasons the state has such a fast-moving process that requires a protective order to be issued within 24 hours of someone being arrested for a domestic violence crime.
Who are Family and Household Members?
Under the Connecticut General Statutes, family and household members include:
- Relatives by blood or marriage
- Individuals who share a child
- Individuals currently or recently in a dating relationship
How are Protective Orders Recorded by the Courts?
When a protective order is issued against a respondent in Connecticut, it is recorded in a centralized protective order database accessible by police agencies and everyone in the court system throughout the state. However, this is distinct from a criminal record. After the case concludes and the order is no longer in effect, the protective order no longer appears in the database.
Can a Protective Order Require Me to Leave My Home?
If a full no-contact or a residential stay-away protective order is issued against someone who lives with the alleged victim, the respondent will not be allowed to go home. This is the case even if they own the property. As long as the protective order remains in place, the respondent cannot return to their home.
Can a Protective Order Impact My Employment?
A protective order can have an impact on a respondent’s employment in some situations. For example, if the petitioner and respondent work together, a full no-contact order can complicate matters. Additionally, some employers may require a worker to disclose this information, depending on the employment contract and its disclosure policy.
Can a Protective Order be Used in Future Court Proceedings?
A protective order could be used as evidence in court only if the respondent is charged with violating it. While a prior protective order is not evidence in the eyes of the court, it can sometimes play a role in proceedings. For example, in a family law case such as a divorce, the existence of a protective order could be used by one side against the other as a negotiating tool.
Discuss Your Case with a Connecticut Protective Order Attorney
If you are subject to a protective order, you could benefit from consulting with an experienced domestic violence attorney. Connecticut protective orders can create a serious burden, but any violations can make the situation worse. For help understanding the terms of your court order and how to comply, discuss your situation with a skilled attorney. Call Mark Sherman Law to schedule a consultation.