Weston Protective Order Lawyer
Following a domestic violence arrest in Weston, local criminal courts could issue a protective or restraining order. This is done to protect those considered potentially vulnerable, but these orders can have consequences that are highly disruptive or worse.
The exact conditions of a Weston restraining order can be difficult to understand, so much so that you might get arrested in Weston for violation of a protective order without even realizing you were violating the Weston order. Unfortunately, the penalties are severe. Violations of even one civil order constitute a criminal offense punishable by years in prison and substantial fines.
If you are being accused of violating a Weston civil restraining order, or a Weston criminal protective order, or someone has filed an application for a civil restraining order against you, be sure to contact a Weston protective order lawyer so that you can be certain you understand the ramifications. A skilled domestic violence defense lawyer can help explain how to proceed to work toward the optimum resolution of the case.
Types of Restraining Orders
In Weston, courts can issue different types of orders of varying lengths and parameters using different court procedures. These fall into two basic categories.
One category of orders consists of the criminal protective orders issued by a criminal court in connection with criminal arrests in Weston for domestic violence crimes like Disorderly Conduct and Third Degree Assault. These protective orders usually remain in force and effect throughout the pendency of the criminal case.
Another category is the civil restraining order. These are issued by a family court judge in what is called a Weston “Relief from Abuse” hearing when an individual proves to the court that they fear that a member of the household or family poses a threat to their physical or emotional well-being. Although these orders are issued by a civil family court, violating a criminal protective order is a Class D felony arrest in Weston.
Types of Protective Orders
Very often when an individual is arrested in a domestic violence incident, the court will issue a criminal protective order. Depending on the circumstances of the case, the order may prohibit only certain contact or communications, or it may prohibit all contact. As Weston protective order lawyers know, a full no-contact protective order forbids the subject individual from having any contact with the accusing party, including contact through social media or even communications through a third party.
Full no-contact protective orders also ban the individual from entering the accuser’s home or place of work. If the home is one that is shared between the parties, this obviously poses a grave hardship for the individual subjected to the order. A slightly less restrictive order is referred to as full or residential stay-away order. While it allows some contact between the parties, it still prohibits the individual from entering the home or place of employment of the accusing party.
The least restrictive protective order is a partial or limited protective order which bans certain contact or behaviors such as harassing, threatening or intimidating. While criminal protective orders are usually only enforced until the trial is concluded, the Norwalk Superior Court (where all Weston arrests are adjudicated) may issue a standing protective order of longer duration.
In cases of domestic disputes where an arrest has not yet been made, but one of the parties feels that they are in imminent danger of harm, either physical or emotional, that party can apply to the Family Court for a civil restraining order.
The order can be issued against a party who is a:
- Member of the family
- Member of the household, or
- Party to a physical or romantic relationship
As with criminal protective orders, restraining orders may prohibit all contact between the parties or may only prohibit certain contact.
Contacting a Weston Protective Order Attorney
Violations of protective and restraining orders are among the most common criminal violations, but common does not mean minor. The penalties are serious, as arrests in Weston, Connecticut for violations of protective orders are generally treated as Class D felonies punishable by up to five years in prison and fines of up to $5,000.
The sooner you begin working with a Weston protective order attorney, the sooner you can start receiving advice on whether and how to get your case dismissed, off your criminal arrest record, and off the internet and Google, as quickly as possible.