Civil and Criminal Actions for Assault in the Third-Degree in Ridgefield

Following an incident of domestic violence assault in the third-degree, there are two types of actions that an accuser can A civil domestic violence action can lead to a restraining order and a criminal domestic violence action can lead to a protective order. The difference between the two orders is that a civil action means that the person filed an affidavit with a judge and then had a hearing on the matter. There does not need to be an arrest for the civil action. For a criminal domestic violence action to come about, there has to be an arrest. If you are the subject of civil and criminal actions for assault in the third-degree in Ridgefield, consult an experienced defense attorney that can advise you.

What Civil Domestic Violence Actions Entail

An accuser can drop charges whenever they would like in a civil domestic violence action. The accuser kind of holds the power in these instances and is the one who is bringing the case. In a criminal case, it is the State of Connecticut bringing charges against the defendant. In a civil domestic violence action, it is the accuser bringing charges against another person.  So, if the accuser decides that they do not want to go forward, they can withdraw the case at any time.

In a civil domestic violence action, an accuser can ask for the full no-contact and 100-yard stay-away that would stop whoever they are accusing, from even coming within 100 yards of them or contacting them at all. What is different in a civil domestic violence action is that the accuser can also come up with their own conditions that they want to be imposed in the restraining order and a judge can issue a condition. So, the accuser could say, that they also want to limit contact, and a judge can grant that.

Dropping a Civil Action

Civil and criminal actions for assault in the third-degree in Ridgefield are not set in stone. The alleged victim of assault does have the option of dropping their civil action. Once the accuser drops the civil action, the state’s attorney cannot require the accuser to participate in a criminal case. If an accuser in a civil domestic violence action wants to drop the case, the state’s attorney can never make them pursue the case. Either way, civilly, the district attorney or the state’s attorney can never make someone participate in the case. In criminal court, the state’s attorney cannot make someone participate in the case either, but the criminal court will reach out to the victim for their input.

Criminal Actions Explained

In a criminal domestic violence action, an accuser can ask for any of the three protective orders, including a full no-contact that would include the 100-yard stay-away, a residential stay-away protective order that would prohibit the defendant from going to the accuser’s home, or a partial protective order that would just allow all forms of contact and visitation but would stop the accused from any sort of threatening behavior towards the accuser.

An accuser cannot drop charges ever in a criminal domestic violence action because the State of Connecticut is the one who is bringing the charges. So, the State of Connecticut can consider the accuser’s point of view and opinions when considering what it wants to do to the defendant, but the accuser can never drop the charges.

Limiting Contact With the Accuser During Legal Proceedings

If an individual currently faces civil and criminal actions for assault in the third-degree in Ridgefield, their attorney can advise them on what behaviors to avoid. For example, it is very important for individuals to avoid their accuser during legal proceedings. Especially because typically, there is already a protective order in place and, sometimes, any form of contact can be in violation of that protective order depending on what level of protective order is in place.

Then, even if there is a partial protective order in place, which is the lowest form of protective order, any sort of contact or behavior can be viewed as threatening or can be misconstrued by the accuser and can be taken to the police and can lead to an arrest. So, it is just important for all contact to be limited so that it cannot be misconstrued or viewed as a violation of a protective order. If an individual wants to know more, they should get in touch with a skilled attorney today.