Protective Order Violations in Connecticut
One of the most common arrests in Connecticut domestic violence cases are arrests for Violation of a Criminal Protective Order. Criminal protective orders are issued in nearly all domestic violence arrests in Connecticut. The primary purpose of a criminal protective order is to protect the accuser—or the alleged victim as they are often called in Connecticut domestic violence courts—from the individual who was arrested.
There are three different types of criminal protective orders, each prohibiting specific forms of contact between the alleged victim and the accused. The protective order is issued by the criminal court at your domestic violence arraignment date, which is the first court date after your Connecticut domestic violence arrest.
What Constitutes a Violation of a Protective Order?
Once a Connecticut criminal protective order is issued, you must strictly comply with all of its terms and conditions. Even technical violations—such as a harmless email or text message to check in on your kids, or a group Facebook or Instagram posting that is delivered by accident and en masse to the protected person—can lead to an arrest in Connecticut for Violation of a Criminal Protective Order.
How Are Protective Order Violations Classified?
Connecticut General Statutes classifies the crime of Violation of a Criminal Protective Order as a Class D felony, carrying a prison sentence of up to five years. To put this into perspective, if you are issued a “full no contact” order, and you text the alleged victim over a scheduling issue related to your child, then you can be arrested in Connecticut for Violation of a Protective Order.
Another consequence of having a criminal protective order hanging over your head during a lengthy domestic violence case is that your arrest and Connecticut protective / restraining order will be recorded into a national law enforcement database and will be flagged whenever you are pulled over for routine traffic stops or when you try and enter the United States at any airport or border crossing. As a result, border patrol and traffic police are required to detain and question you extensively about the restraining order which can be very embarrassing if you are traveling with business associates or your children. Therefore, a speedy resolution of your Violation of Criminal Protective Order arrest is necessary to be able to resume your normal life.
Building a Defense
If you are arrested for Violation of Criminal Protective Order in Connecticut, there are a number of factors that should be considered by your criminal attorney. What was the nature of the violation? Was it intentional? Were you set up? Was there any surveillance or cell phone data available to refute the allegations? Do you have an alibi? Did the accuser bait you into contacting them? Are the services of a forensic expert needed to examine any media or devices involved in the alleged violation?
A Connecticut domestic violence criminal lawyer will subpoena and examine all relevant cell phone records, social media accounts, and surveillance recordings. The stakes are just too high for your criminal attorney to not conduct a thorough analysis of the police reports and physical evidence (including all digital media and 911 recordings) in your case.
Contacting an Attorney
If you are arrested for Violation of a Criminal Protective Order, contact an attorney as soon as possible. They will sit with you to discuss the most cost-effective defense strategy for your case. Their priority is results, getting your case dismissed, and keeping your record clean.