Weston Protective Order Lawyer

The criminal penalties for violating a protective order can be extremely harsh, and those accused should seek help from an experienced domestic violence attorney to avoid serious consequences. If you want to effectively protect your rights in a situation like this, retain a Weston protective order lawyer to help with your legal strategy.

What is an Order of Protection?

Protective orders can have different terms and even last for different lengths of time depending on the circumstances. The criminal, family, and civil courts can all issue orders of protection, known as either protective orders or restraining orders. Criminal courts can implement a protective order after a domestic violence arrest, and certain individuals can apply to the family and civil courts for orders of protection. Violation of any type of order of protection is a felony offense.

What Types of Protective Orders are Allowed Under Connecticut Law?

Connecticut General Statutes §46b-38c(e) sets out the rules and provisions for when courts in Weston may issue protective orders and what these orders may prohibit. This section of state law is fairly broad, allowing courts to issue these orders to protect someone from “threats, harassment, injury, or intimidation.”

There are three types of protective orders that a court may issue in the course of a domestic violence proceeding or other similar criminal case.

Partial or Limited Protective Order

The most basic type of protective order is “partial” or “limited.” This order only forbids continued harassment of the protected party by the defendant and does not establish any restrictions on continued contact between the two parties.

Full Protective Order

A “full” protective order, also known as a “residential stay-away” order, prohibits the defendant from entering the protected party’s residence or workplace. This can present significant challenges if the two parties were cohabitants prior to the order being issued.

Full No-Contact Order

A “full no-contact” protective order forbids all forms of contact between the two parties under any circumstances, including contact over the phone, through text messages, or through electronic online messages. Representation from a Weston attorney could be crucial to ensure that a protective order’s terms are not unreasonably restrictive given the circumstances.

How Long Do Protective Orders Last?

Ex parte protective orders are only meant to last during an ongoing criminal case related to a domestic violence allegation, meaning they will automatically expire once the case concludes. Civil and family orders of protection typically last for 2 weeks ex parte, and then up to a year after opportunity for a hearing.

C.G.S. §53a-40e grants the court authority to issue a standing criminal protective order as a replacement for the expired ex parte order. Standing criminal protective orders are generally issued based on the defendant’s history and nature suggesting that they might present a continued risk of harassment or harm to the protected party. Alternatively, they could be based on the defendant’s conviction for violating an ex parte protective order. Either way, standing criminal protective orders can last for a maximum of 50 years and cannot be altered prior to that expiration date without a subsequent court order, as a knowledgeable attorney in Weston could explain in more detail.

While protective orders are meant to ensure the safety of everyone involved in a domestic violence case, they can impose extensive restrictions on defendants even before they have a chance to defend themselves in court. With this in mind, it can be important for people accused of domestic violence to retain dedicated legal counsel well before their trial begins.

Seek Help from a Weston Protective Order Attorney

A qualified Weston protective order lawyer could provide the assistance you need to preserve your rights. Call today to learn more and click here to read our over 300 certified client reviews on Avvo.com.