Protective Orders Following Ridgefield Third-Degree Assault Arrests
Following an assault in the third-degree arrest, protective orders are often issued in order to protect both the accused and the accuser. It is vital that you do not violate the terms of a protective order if you have been charged with assault in the third-degree. If you want to know more about protective orders following Ridgefield third-degree assault arrests, consult a capable assault attorney that can advocate for you.
Different Types of Protective Orders
There are three different protective orders that can be put into place in the Danbury Superior Court, stemming from a Ridgefield arrest: a no-contact protective order, a full residential stay away, and a partial protective order. The function of protective orders following Ridgefield third-degree assault arrests is to protect all parties involved and ensure their safety.
No-Contact Protective Order
The first type of order is called a full no-contact protective order. This is the strictest protective order. It also comes with a 100-yard stay-away, which means that the person whom the protective order is against cannot come within 100 yards of a protected party and cannot have any sort of contact with the protected party. This protective order is typically reserved for more serious cases. In any sort of assault charge, this might be put into place depending on the seriousness of the injury that was caused.
Full Residential Stay Away
The second protective order that a judge can put into place is a full residential stay-away. With a full residential stay away, the person who was arrested cannot go to the home or residence of the protected party. The victim and defendant can speak to one another, but the defendant cannot go to the protected party’s home.
Partial Protective Order
The last protective order that can be put into place is called a partial protective order. It is the broadest and least restrictive protective order, and prohibits the defendant from assaulting, threatening, abusing, harassing, following, interfering with, or stalking the protected party. This broad wording can be interpreted to encompass a wide range of threatening behavior, or even behavior that would not be threatening but for the protective order. This protective order also serves to protect the protected party from retaliation.
Immediate Consequences of Violating a Protective Order
Those who violate protective orders following Ridgefield third-degree assault arrests will be charged with violation of protective order, which is a felony charge in Connecticut. If a person is accused of violating a protective order, they are entitled to a hearing to determine whether or not a violation occurred.
The protected party typically makes a report to the police and then the police will do their own investigation. Sometimes, the protected party will show the police evidence of an alleged violation.
For example, if a full no-contact protective order is in place, the protected party might provide the police with text messages from the defendant or a call log demonstrating that the defendant was trying to contact the protected party. The police will then perform an arrest on the defendant, or conduct an additional investigation.
Laws Regarding Child Custody and Visitation After a Third-Degree Assault Charge
In Ridgefield, if a person is charged with domestic violence for assault in the third degree, visitation and child custody may change. If a child was assaulted, the accused will not be allowed to see or contact the child, regardless of whether or not there is a court order regarding custody in place.
If the parent of a child was assaulted, visitation with the child typically will not change. If a full no-contact protective order is entered protecting a parent and a child, the defendant can have no contact with the child.
If the defendant is not allowed to go to the home where the child lives, sometimes they can facilitate visitation through third parties. They can have someone pick the child up and drop the child off at the accused person’s home. The accused is still entitled to visitation with their child, but it is restricted by the protective order.
Benefit of Working With a Ridgefield Domestic Violence Attorney
Having a Ridgefield domestic violence lawyer on your side is vital to defending a third-degree domestic violence assault charge in the Danbury Superior Court. Typically, on the arraignment date, the judge and state will attempt to issue conditions of release on the defendant. These conditions can range from weekly counseling to daily counseling and can be very time-consuming and difficult to complete. An attorney can argue against these conditions of release, and ask the judge for more lenient conditions. If you want to know more about protective orders following Ridgefield third-degree assault arrests, or you are in need of a defense, get in touch with a skilled attorney who can help.