Connecticut Restraining Order Modifications

  • There are many situations where you could end up with a restraining order in Connecticut.
  • There are also specific requirements that detail when restraining orders are appropriate, and sometimes these orders are granted unnecessarily.
  • Modifying these orders could help return your life to normalcy and prevent violations.

Is there a Difference Between a Protective Order and a Restraining Order?

Yes and no. Protective and restraining orders are similar in that:

  • They both seek to prevent a person from harassing, threatening, assaulting, or otherwise bothering the protected party;
  • Violation is a separate criminal charge;
  • They have three basic levels of prohibition.

Connecticut Family Court 46b-15 Restraining Orders

On the other hand, the biggest difference lies in which court implemented the order. Criminal Courts will implement Criminal Protective Orders after a domestic violence arrest. Civil Courts will issue Civil Protective Orders upon application of a person claiming to be sexually assaulted, harassed, or stalked by another person. The Family Courts will implement Family Restraining Orders under CGS 46b-15 upon application by a family member claiming fear of imminent threat of physical harm from another family or household member.

Can I Go Back to My Own House with a Connecticut Restraining / Protective Order?

Depends what the order says. No matter which court issued your order, there are three basic levels of order: full no contact, residential stay away, and partial protective orders. Unfortunately, your order will not be explicitly labeled as such. You must know how to read and understand the provisions. A lawyer who works with protective orders often can help.

A full no contact order and a residential stayaway order will keep you away from your home, provided you share a home with the victim. A full no contact order will prohibit all contact whatsoever with the protected person, whereas a residential stayaway and a partial protective order allow for some forms of communication.

Technical Violations of Connecticut Restraining Orders are Still Felonies

It is no defense to a protective order violation that you did not understand the parameters of your order and that’s why you violated it. Violation of a protective order is a felony criminal charge, so it is important to avoid violation at all costs. Reaching out to a lawyer who can help interpret your order is a great first step.

How Do I Get a Connecticut Restraining / Protective Order Modified?

In criminal court you can reserve the right to file a Fernando A. motion, which you can learn more about here.  In criminal and family court, your lawyer can also file a motion to modify your protective order. If you do this, it is helpful and important to have evidence to show the court why your order should be modified. Counseling is especially persuasive. An attorney can analyze your case and help you decide what will put you in the best position to get your order modified and get you home. 

Get the Help You Deserve from a Restraining Order Modification Lawyer Today

Being removed from your home and from the lives of those you love can be difficult and counterproductive to resolving issues. If you are interested in modifying your Connecticut restraining protective order, call an attorney at Mark Sherman Law today. Click here to read what our clients have to say about working with us.

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