Stamford Protective Orders Lawyer
If you are arrested for a domestic violence crime such as disorderly conduct, assault in the third degree or breach of peace in Stamford, you will most likely face a Criminal Protective Order / Restraining Order at your first court date.
This protective order is designed to protect the accuser—also called the alleged “victim”—in your case from any additional threats, harassment or violence while your case is pending. These Stamford Connecticut protective / restraining orders can order you out of your own home and even prohibit you from having any kind of physical, verbal or electronic contact with your own spouse or children.
Most importantly, violating any of the conditions of your criminal protective order will result in a felony arrest for violation of a criminal protective order under CGS § 53a-223b.
If you have been arrested for violation of a criminal protective order, you will want to contact a Stamford protective order attorney to discuss how to cost-effectively fight your charges, and whether it’s possible to get your case dismissed.
Penalties for Violating a Criminal Protective Order
If you are arrested for the Class D felony of Violation of a Criminal Protective Order under C.G.S. 53a-223b, then you are facing five years in prison, along with probation and fines. To make matters worse, your Stamford Protective Order violation arrest will appear on criminal background checks, and can significantly impact your ability to get a job or impact your professional licenses such as your medical license, law license, or FINRA licenses (such as your Series 7). Given these potential consequences to your job, you should consult a top Connecticut criminal law firm which can guide you through the court process or modify your protective order.
Be Careful and Understand Your Protective Order
Even the most technical violation of a Connecticut criminal protective order can get you arrested, such as a harmless email, Facebook message or text message. When a husband and wife are embroiled in a contested or nasty divorce, we often see situations where a victim spouse or significant other lures or “baits” a spouse into violating their protective order by initiating contact, inviting them over to the house or otherwise entrapping them.
As unfair as it may be, you can get arrested in Stamford for violating a criminal protective order even if you didn’t initiate the contact. Given that violating a protective order is a Class D Felony, punishable by up to five years in prison, a $5,000 fine, and years of probation, it is important to seek advice from a Stamford protective order attorney.
File Motions to Preserve Digital & Electronic Evidence Immediately
You may want to file an evidence preservation motion at your very first court date when fighting an arrest for violation of a criminal protective order. Oftentimes, the complaining witness does not provide the whole story to the police—making it all the more critical for your Stamford protective order lawyer to make sure that all digital evidence, electronic evidence, and surveillance footage gets preserved and not overwritten, especially if it will be helpful to your defense.
Notably, the prosecution does not need to prove that the violation or contact with the protected person was intentional. Even accidental or unintentional contact can get you arrested (such as a butt-dial or an accidental Facebook message). You may also ask the court for the suspension of prosecution of your case to get your charges dismissed.
Another way to get your charges dismissed is if you were not provided with proper service or notice of the protective order. Contact an experienced Stamford protective order attorney to discuss these defenses in more detail.
Modifying Your Stamford Protective Order
It is not unusual for parties involved in a domestic violence arrest to reconcile shortly after the first court date. Remember, however, that even if your husband or wife now says it’s okay to come over, or says it’s now okay for you to have contact with them or your children, you can still get arrested for violating a protective order.
The victim of your Stamford domestic violence arrest cannot modify your protective order—only the domestic violence judge can. That’s why you must have your Full No Contact or Full / Residential Stay Away order modified by an experienced Stamford protective order lawyer prior to returning to the home of the protected party.
Be aware that the Stamford Police Department routinely conducts “welfare checks” on homes that have domestic violence court protective orders, just to make sure the victim is safe and that people are complying with the court’s order. Sneaking around behind the court’s back is not advisable — it is certainly not worth another arrest.
Contact an Attorney
If you’ve been arrested in Stamford for violation of a criminal protective order, contact our Stamford protective order attorney today at (203) 276-9443 to discuss your case.