Stamford Restraining Order Lawyer
There are three types of Stamford restraining orders: a criminal protective order, a civil relief from abuse, and a civil protective order. There is really no difference between a civil protective order and a restraining order. They are the same thing and the terms are used interchangeably. The purpose of restraining orders is to keep distance between the accuser and the accused and ensure the safety of both parties. As a result, violating a restraining order can negatively impact a person’s case. If you have violated a restraining order and face consequences for doing so, consult a skilled domestic violence attorney as soon as possible.
Process of Filing an Order
To file an application for relief from abuse, a person must be a family member, an intimate partner, or a roommate of the person who is threatening to physically harm the accuser in some way. Anyone can file an application for a civil restraining order. There is no relationship requirement but a person must be stalked, harassed, or abused in some way by another person.
Those accused of violating Stamford restraining orders can be charged with violation of a civil restraining order under Section 53-223(b), which is a felony. A restraining order can only be vacated, changed, or extended by order of the court. The person can motion to the court to vacate, change, or extend the restraining order and a hearing is held to address the motion.
Ex Parte Restraining Orders
An ex parte restraining order can be issued without prior notice to the abuser and without the abuser present in court. The ex parte order is a temporary order that goes into effect the day it is signed by the judge. A hearing is scheduled by the judge within 14 days. At the hearing, the judge decides if the restraining order should be extended.
An ex parte restraining order is also known as a temporary restraining order in Connecticut and is issued on the day a person applies for the restraining if the judge believes there is an immediate and present physical danger to the accuser.
If the judge grants the temporary restraining order, it lasts until the full court hearing for the permanent order which must take place within 14 days. However, if a person includes in their application that the abuser has a permanent or eligibility certificate to carry a pistol, the hearing must take place within seven days. If the hearing is postponed, the order can be extended until the hearing takes place.
Importance of Working With a Stamford Restraining Order Lawyer
It is important to have a Stamford restraining order lawyer on your side who knows the criminal aspects and the civil aspect of the law. The lawyer can prepare you for each step of the case, explain your rights, and all of the potential applications you face. Violating Stamford restraining orders can impact your criminal case, but a qualified domestic violence attorney can work to protect your rights, and can try to mitigate the consequences that you may face.