Stamford Protective Orders Overview
Protective orders can be complicated, but understanding them is critical to avoiding a violation. For an overview of your Stamford protective order and help with compliance, reach out to a top protective order attorney.
Who are the Parties to a Protective Order?
The petitioner of a Stamford protective order is the person who is filing the application to ask the court to protect him or her. The respondent is the “defendant”. The respondent is the person whom allegations are being made against.
What are the Types of Protective Order Available in Stamford CT?
There are three types of protective orders in Stamford: a criminal protective order, a family temporary restraining order, and a civil order of protection. They are commonly referred to as protective orders or restraining orders.
The type of protective order depends on the circumstances. If a person is arrested for a domestic violence crime, the criminal court will put a criminal protective order in place. If there is no arrest, a person can apply for a temporary restraining order against someone they live with, date, or are related to. The family courts would put the temporary restraining order in place. If there is no family or dating relationship, a civil court may enter a civil order of protection.
When do Courts Issue a Criminal Protective Order?
In Stamford, whenever there is an arrest for a domestic violence crime, a criminal protective order will be issued during the arraignment. The most common type of Stamford crimes that lead to protective orders are disorderly conduct, breach of peace, assault in the third degree, unlawful restraint, strangulation, and threatening. In many criminal cases, the alleged victim does not want a protective order issued, but the courts will issue one regardless.
When do Stamford Courts Issue Family Restraining Orders?
In order to get a family restraining order in Stamford, the petitioner would have to show he or she is subject to a continuous threat of present physical pain or injury, stalking, or a pattern of threatening. There is no specific statutory definition of continuous threat of harm. Typically, the evidence used to request a restraining order includes documentation of repeated threats, abuse, physical gestures, profanities, and fear of danger. Text messages, emails, voicemails, and eye witness accounts are all ways to provide this evidence.
What is a Continuous Threat of Harm?
Stamford courts interpret a continuous threat of harm on a case by case basis. There is no specific statutory definition of continuous threat of harm. Typically, the evidence used to request a restraining order includes documentation of repeated threats, abuse, physical gestures, profanities, and fear of danger. Text messages, emails, voicemails, and eye witness accounts are all ways to provide this evidence.
What if a Protective Order was Issued in Another State?
A protective or restraining order issued in another state, known as a foreign protective order, is still valid in Connecticut. The 50 states have an agreement amongst themselves that they will honor protective orders from other states.
Reach Out to a Top Stamford Protective Order Attorney
Understanding a Stamford protective order can be difficult, but a basic overview of the terms can help you avoid a violation. For more information or for help building a defense to your underlying criminal charges, contact Mark Sherman Law today.