Stamford Domestic Violence PenaltiesDomestic violence charges are taken incredibly seriously in Stamford. The penalties for such a charge can often harm an individual in both the short and long-term, and can impact both a person’s professional and personal relationships. Such penalties can bar an individual from being admitted to universities, receiving any loans, or achieving gainful employment.
Therefore, to avoid such penalties it is pertinent that you contact a domestic violence lawyer immediately. An experienced attorney will be able to gather all necessary information and build a strong defense to help lessen or dismiss any penalties you may be facing.
Parameters of a Standing Criminal Protective Order
The penalties of a Stamford domestic violence charge are similar to any penalties in any kind of crime. However, sometimes when an individual is convicted of a domestic violence crime, their protective order can last for up to 50 years. These are called Standing Criminal Protective Orders (SCPOs) when an individual is convicted of a domestic violence crime. The orders have the same parameters as a regular protective order, that is, the full no-contact, residential stay-away, and partial or limited formats.
The SCPO can only be modified by a judge, so it is important for the parties to resolve their cases through private counseling or any of the diversionary programs available to the family in a domestic violence court.
If a prosecutor is not going to drop the charge, then there are methods of getting the case dismissed by the judge even when the prosecutors do not want to dismiss or drop the case. This can be accomplished by filing a motion for suspension of prosecution while an individual participates in a diversionary program. A diversionary program can often alter the penalties associated with a Stamford domestic violence charge. It may make an individual feel like they are guilty when they tell the court they need to use one of these of programs, however, it is not an admission of guilt and can result in a dismissal of the case if the individual is compliant with the court’s conditions.
The easiest diversionary program is the Family Violence Education Program (FVEP). The program consists of nine weekly sessions. When an individual completes those, the court can dismiss the case anytime, from after the completion of the class up to a two-year period of monitoring. The protective order remains in place and the case will appear in any background check the individual may go through during the period of monitoring.
The more serious diversionary programs are the EXPLORE program with 24 sessions or the EVOLVE program which has over 50 sessions. There are some advantages of not entering in the family violence education program because often that is what the prosecutor wants an individual to do to keep the case alive when the goal is to get the case dropped as quickly as possible. The penalties produced by a Stamford domestic violence charge are often severe, cementing the need for legal representation as soon as possible.
Benefits of an Attorney
Having a local lawyer present is incredibly important when facing the penalties associated with a Stamford domestic violence charge. Further, each domestic violence courthouse has their own chambers rules and their own standing orders, which only an experienced attorney would have the knowledge of. If an individual tries to modify a protective order or a restraining order, there are certain rules that each courthouse follows. An individual cannot just walk in and ask the court to change the protective order at their domestic violence court appearance.
Instead, they will need to file a motion, line up interviews, and provide certain data to a judge that gives them good cause to modify an order. It is important to not simply just go with a divorce lawyer or a personal injury lawyer when dealing with a criminal domestic violence, rather an individual should hire a criminal lawyer who regularly appears in the Stamford criminal court.