Connecticut Restraining Order Defense Lawyer
- There are four kinds of restraining or protective orders in Connecticut.
- Violation of these orders is a criminal offense.
- You can defend against these orders or move the court to have them modified.
- If you have been served with a restraining order in Connecticut, call a defense lawyer today to learn how we can help you.
I Was Served with a Restraining Order in Connecticut, What Does That Mean?
If you were served with a restraining order at home or at work, that means the order was issued either by the civil court or the family court. While it may be confusing to know which court issued the order, a lawyer can help. The family court, upon application, can grant a restraining order between family and household members under Connecticut General Statutes (CGS) § 46b-15. Additionally, the civil court can issue a protective order against anyone in a case of sexual assault, sexual abuse, or stalking.
What is an Ex Parte Restraining Order in Connecticut Family Court?
Oftentimes, the order may be granted without there being a hearing, but only for a week or two. This is known as an ex parte order. After the week or two that this order is in place, you will be called into court for a hearing. To learn more about how a restraining order hearing works, click here.
What is a Connecticut Criminal Protective Order?
A criminal protective order is another kind of Connecticut Restraining order issued by the criminal court in connection with domestic violence offenses. To learn more about domestic violence arrests and their potential consequences, click here.
What Happens if I Violate the Order?
As the best Connecticut restraining order lawyers know, If you violate any kind of protective or restraining order, it is a felony charge. This is true even if the criminal court did not issue the order. To learn more about restraining order violations click here. Understanding your order and fighting it or moving to modify it could prevent any unnecessary and unwanted additional charges.
How Can I Fight a Connecticut Restraining Order?
Any top restraining order defense lawyer would recommend that before a violation can even occur, you work to fight against the order. Because family restraining orders and civil protective orders are based on applications by alleged victims, these orders may not always hold water. Additionally, criminal orders may be imposed out of practice when they really are not needed.
Be Sure to Call Witnesses and Cross-Examine Them at Your CT Restraining Order Hearing
In the context of a family or civil restraining order you will have the opportunity to fight at a hearing before a judge. At this hearing you can cross examine the applicant as well as anyone else he or she may call to testify. Further, you can present evidence yourself either by way of documents or testimony. A lawyer who has defended against restraining orders in the past can help you to gather the proper information, subpoena any police officers or DCF investigators who may have helpful testimony, and be by your side throughout the hearing. In the criminal setting, this is called a Fernando A. hearing.
How Do I Modify a Connecticut Restraining Order?
Additionally, a lawyer can help you move to modify an already existing order. This involves filing a written motion asking the court to modify the order and explaining why it should be modified. Often this will involve going to court as well to show the judge why the modification should be granted. A lawyer can help you navigate this confusing process and help make sure your rights are respected.
Contact a Top Connecticut Restraining Order Defense Lawyer Today
Don’t go about a protective or restraining order alone. Let a skilled Connecticut restraining order defense lawyer at Mark Sherman Law help. Read reviews from our former clients by following this link and give us a call at (203) 358-4700 to learn more.