Stamford Protective Order Violation Hearings
A Violation of a Criminal Protective Order hearing is a hearing which occurs after a defendant is charged with violating a criminal protective order. Any time a person is charged with this crime, they have the right to a hearing before the Court to determine if they are guilty of the violation.
If you arrested for an alleged protective order violation, you could face serious consequences. Contact a top attorney for representation during your Stamford protective order violation hearings. A skilled CT lawyer can fight for a positive resolution to your charges.
Where do Protective Order Violation Hearings Take Place?
A Stamford protective order violation hearings occur in the Stamford Superior Court, located at 123 Hoyt Street, Stamford, CT 06905. The hearing would be heard in a criminal courtroom before a Judge.
A defendant has the right to have an attorney present on their behalf at a violation of a protective order hearing. Additionally, a State’s Attorney and Judge will also be present at the hearing. If the defendant requests a trial by jury, then the jury will also be present at the hearing.
Witnesses and Evidence
A defendant has the right to call witnesses during a violation of a protective order hearing. The State’s Attorney has the same right. Typically, the person who reported the alleged violation of the protective order will be a witness, and others may also be called to testify.
Besides witness testimony, crucial evidence for a violation of a protective order hearing includes electronic evidence of the violation (text messages, email exchanges, phone records, etc.), or even security surveillance footage of the alleged violation.
What Does the State’s Attorney Have to Prove?
The State’s Attorney is required to prove that a violation of a criminal protective order occurred beyond a reasonable doubt. Under Connecticut law, this is the highest standard that must be met in order for the State’s Attorney to prove a crime. In order to find that a crime occurred beyond a reasonable doubt, a Court or jury would need to find that there is no other reasonable possibility besides the fact that a person committed the crime they are accused of committing.
If the State’s Attorney is able to prove that there was a criminal protective order in place, the defendant knowingly violated that criminal protective order, and there is evidence of the violation, the State’s Attorney would be able to fulfill this standard.
What are the Potential Penalties for Protective Order Violations?
Depending on the violation in question, the Court can sentence a defendant to jail time, probation, a monetary fine, or all of the above. Whether a defendant receives jail time or not is within the Court’s discretion. The Court may choose to not sentence a defendant to a period of incarceration, depending on the mitigating circumstances presented by the defendant’s attorney at the time of hearing.
Can I Avoid Jail Time?
An experienced Stamford protective order attorney may be able to help a defendant avoid jail time if they’re found guilty of a protective order violation. To do so, they can present mitigating circumstances that would allow the Court to impose a sentence that does not include incarceration. Mitigating factors include a defendant’s clean criminal record, responsible background, and history of non-threatening or violent behavior.
If you need representation for Stamford protective order violation hearings, contact a top domestic violence attorney today. A skilled lawyer could fight for an optimum outcome to your case.