Stamford Protective Order Dynamics
According to Stamford law, a protective order is an order that protects a party from another person’s actions and is put in place by a judge. It is often used in spousal or partner abuse situations and places limitations on the actions of one party towards the other. An experienced domestic violence lawyer can help you better understand the dynamics of Stamford protective orders and how they may impact your case.
Defining Good Cause
A protective order is issued by the judge the day after a domestic violence arrest in all domestic violence cases. Good cause is not necessarily used as a standard in Stamford. However, the general rule of thumb is that to qualify for a civil restraining order, the applicant must be in imminent risk of physical or emotional harm from a family member, household member, or someone with whom the applicant is engaged in a physical or romantic relationship.
Types of Protective Orders
Before understanding the various Stamford protective order dynamics, an individual must first comprehend the type of order they face. There are three protective orders, full no-contact order, full or residential stay-away order, and partial protective order. A judge issues one of the three types of protective orders during a protective order hearing.
The full no-contact order is the strictest of the three protective orders. It prohibits the person from having any contact with the accuser. There can be no physical, verbal, or electronic digital contact of any kind without the permission of the judge. When someone shares a home or child with the accuser, they cannot return home or talk to them. Sometimes the order extends to contact with the children shared with the accuser.
The full or residential stay-away order permits physical and written contact with the accuser. However, the person is not allowed to enter the accuser’s workplace or home, even when the residence is shared with them. The partial protective order is the most lenient of the three protective orders. It allows non-threatening contact between the person and the accuser. The person is prohibited from any threatening, harassing, or intimidating behavior towards the alleged victim.
Issuing a Protective Order
A judge issues the protective order the next business day following the person’s arrest for a domestic violence charge. Protective orders last for the duration of the case. When a person pleads guilty, the judge can enter a standing protective order for an indefinite amount of time at the judge’s discretion. A civil protection order is the same thing as a criminal protective order in the sense that it involves the same three types of protective orders.
Vacating and Modifying an Order
One of the unique factors of Stamford protective orders is that an individual can motion the court to modify or terminate a protective order or request a Fernando A. Hearing at arraignment. This is an evidentiary hearing that the law requires a person to have quickly after their arraignment. It provides an opportunity for the accused to challenge the court’s decision. The person must preserve their right to have this hearing at the time of the arraignment.
Potential Impact on a Criminal Case
A protective order does not really have an impact per se, a protective order is entered on every domestic violence case. The impact depends on whether the protective order is a full no contact or if it is just a partial. It depends on the severity of the protective order that is entered, as well as if the person abides by the protective order. A civil protection order does not affect a person’s case unless they violate the civil protection order and are criminally charged with violation of a civil restraining order. Speak with an attorney as soon as possible to learn more about dynamics of Stamford protective orders.