Fighting a Family Court Restraining Order in Stamford
In order to avoid public embarrassment and an unfair restriction to your rights, it is important for you to fight a family court restraining order in Stamford. A top domestic violence attorney could work with you to build a comprehensive defense of your rights and best interests.
When Are Restraining Orders Implemented?
Restraining orders are typically implemented in response to an instance of violent or threatening conduct against a family or household member. As per Connecticut General Statutes (C.G.S.) §46b-38a, these categorizations may include both current and former marital partners, a partner in a dating relationship, people who share the same domicile, direct relatives based on marriage or blood, and anyone with whom the alleged perpetrator shares custody of a child.
Who Do Restraining Orders Apply to?
Under C.G.S. §46b-15, a family court may institute a restraining order on behalf of any family or household member who has been subjected to a continuous pattern of threatening, violent, or physically harmful behavior, regardless of whether the restrained party has been convicted of any crime related to that behavior. Depending on the circumstances, this court may only expressly forbid continued threatening behavior, mandate that the restricted party move out of any residence they share with the impacted party or prohibit any and all contact between them.
While this type of order normally comes during a family court hearing, a judge can also institute an “ex parte” restraining order immediately after someone is arrested on suspicion of a domestic violence criminal offense. Representation from a Stamford attorney lawyer may be especially crucial to fighting this kind of restraining order, as the ensuing family court hearing would be about the continuance of the existing order rather than the implementation of a new one.
How Can I Contest a Restraining Order?
In order to be valid and upheld in family court, restraining orders in Stamford must be based on recent threats and harassment that made someone fear for their physical safety when they did not previously. Accordingly, if a restraining order is based on outdated information or on behavior that would not reasonably indicate a physical threat, it may be possible to fight that order in court and get it overturned.
In the same vein, any evidence that the person seeking the order was untruthful in their recounting of related events may be grounds to have an order overturned. Moving for an out-of-court deposition may be a good way to obtain detailed information about the allegations an order is based on and determine whether they hold up to increased scrutiny.
Regardless of the specific strategy used to contest a family court restraining order in Stamford, the most important step a restrained party can take is usually to seek help from a skilled legal professional. Family court cases are based on complex procedures that are often misinterpreted or misused, and it may be up to an individual affected by a restraining order to ensure the law is applied fairly in their situation.
An Attorney Can Help Fight a Restraining Order from a Stamford Family Court
Fighting a restraining order in a Stamford family court is a complicated endeavor under any circumstances, and rarely one in which unrepresented parties come out on top. If you want to stop a restraining or protective order from negatively impacting your life, retaining qualify legal counsel may be a virtual necessity.
You could learn a lot about your situation and available legal options by scheduling an initial consultation with a domestic violence lawyer. Call Mark Sherman Law today to start discussing your case.