Protective Orders Following Stamford Second-Degree Harassment Cases
Accusers of family violence related offenses may have the opportunity to seek protective orders following Stamford second-degree harassment cases. Like protective orders, a restraining order can be brought anytime someone decides to apply for one. Therefore, it may be imperative for you to seek the legal assistance of an established second-degree harassment attorney who could help you fight for your rights when faced with protection orders.
Defining Harassment Protective Orders
Criminal protective orders following Stamford second-degree harassment cases can be entered against the defendant in a criminal case. Its purpose is to restrict the contact a defendant can have with the victim in their case. In order for a criminal protective order to be entered, there has to be a pending criminal case and a person must be accused of a family violence crime.
They must be accused of harassment, stalking, risk of injury, or sexual assault. Once a criminal protective order is put in place, a violation of that protective order is a Class D felony that can be added onto the charges of the pending case.
Restraining Order vs. Protective Order
A restraining order is essentially the same thing as a protective order, but a restraining order is put in place by a civil court and protective orders are only put in place by criminal court. To seek a restraining order, a person does not need to have an underlying criminal case pending. The penalty for violating a protective order is a Class D felony, whereas the penalties for violating a restraining order can be either a Class C felony or a Class D felony, depending on the nature of the violation.
How Do Relationships Impact Restraining Orders?
If the respondent or defendant and the alleged victim had previously lived together, the defendant or the respondent has to leave that home for the duration of the protective order. The final level of restraining or protective order, which is the highest level that can exist, is called a full no-contact restraining or protective order.
With this order, the respondent or defendant cannot have any contact in any manner with the protected party, and this also includes third party contact. In other words, they cannot send a message to a third party to deliver to the alleged victim. This level can come with a 100-yard stay away-order that can be added on by the judge.
Types of Protective Orders Following Harassment Charges
There are three levels of restraining and protective orders following Stamford second-degree harassment cases. The lowest level is called a partial restraining or protective order. Under the partial order, the respondent or defendant cannot assault, threaten, abuse, harass, follow, interfere with, or stalk the protected party. The second level of protective or restraining order is called a residential stay-away, and this requires the respondent or defendant to stay away from the victim’s home or the place in which the alleged victim resides.