Stamford Ex Parte Protective Orders
If you were recently charged with a domestic violence offense, you may find yourself dealing with what is known as an ex parte protective order. In order to effectively pursue a positive resolution to your charges, it is important that you understand what Stamford ex parte protective orders are and how a diligent attorney could help.
What Are Ex Parte Protective Orders?
An ex parte restraining order is one that is issued by a judge without a formal hearing where both sides get to present their case. These orders are often issued after an alleged victim of domestic abuse applies for a family restraining order under Connecticut General Statutes § 46b-15, or during an arraignment for a domestic violence charge.
These orders are meant to be temporary measures that ensure the short-term safety of an alleged victim of domestic violence. In the case of a family restraining order, a hearing will be scheduled within one to two weeks where the protective order can be fought against. After an arraignment, the order will typically last until the end of the case, however you can request a hearing to fight the order. This hearing is known as a Fernando A. hearing.
When Will my Protective Order Go Away?
Family protective orders under CGS 46b-15, if they are granted typically last one year. Criminal protective orders on the other hand can last for the entirety of your case. Further, if the defendant is convicted of a violent domestic violence offense such as assault, Connecticut General Statutes §53a-40e allows for the imposition of a standing criminal protective order to replace a Stamford ex parte order, which may last for whatever duration the court decides it should.
What Happens if I Violate the Order?
Violating a protective order, no matter which court issued it, is a separate felony offense. Even an act as innocent as sending a text to the protected party can result in a violation. Further, after a violation your order may become even more restrictive making it hard to live your life as normal. Understanding the terms of your order and avoiding violations is always priority #1, but if you do violate the order, a Stamford defense lawyer can help mitigate against any consequences. To learn more about defending against protective order violations, click here.
Call Today to Learn About Ex Parte Protective Orders in Stamford
It is crucial that you take Stamford ex parte protective orders seriously, and a seasoned lawyer can help you to understand your order, prevent against violations, and build a strong defense to any violations that do happen. You can read our hundreds of certified 5-star reviews on avvo.com by clicking here, and then call the lawyers at Mark Sherman Law today to learn more.