Weston Protective Order Hearings
Securing legal representation from a top domestic violence lawyer is often crucial for anyone facing a Weston protective order hearing. Without professional guidance and support, you can effectively relay your version of events, meaning the court might implement a much harsher protective order against your best interests.
What Could This Hearing Result In?
When someone is arrested and charged with a domestic violence offense in Weston, they and their alleged victim are almost always subject to a protective order that lasts until the case can be heard in criminal court. This happens at an initial hearing, very soon after your arrest, known as an arraignment. One function of the arraignment is to determine exactly what kind of temporary protective order will be put into place during this pre-trial period.
What Are Limited Protective Orders?
The ideal outcome from such a hearing is a “limited” or “partial” protective order that only requires the defendant to not harass or threaten their alleged victim any further. However, more severe circumstances may encourage the court to institute a “residential stay-away” order, which would prohibit the defendant from entering their alleged victim’s home or workplace under any circumstances, even if the two parties normally share those spaces.
What Are Full No-Contact Orders?
The most restrictive type of protective is a “full no-contact” order, which prohibits any form of contact whatsoever between the two named parties. Depending on the circumstances, this kind of order could also prevent a defendant from being able to contact any children they share with their alleged victim. A Weston domestic violence lawyer can help you prepare for this hearing and gather evidence to refute imposition of a full no-contact order.
What Are The Procedures for Protective Order Hearings?
The first step of any protective order hearing in Weston is meeting with an officer from the Family Relations Office at the court where your hearing will take place. While all domestic violence defendants are required to at least check in with this officer, they can also optionally participate in an interview regarding their interpretation of events. However, anything said during this interview can be used by the prosecution, so having legal counsel present for even this first step is recommended.
Later in the day, the actual hearing will involve testimony from numerous parties, including the Family Relations Officer, the Bail Commissioner, the state’s attorney representing the prosecution, and any legal counsel representing the defendant and the alleged victim. Physical and written evidence—including police reports, witness statements, and a report compiled by the Family Relations Officer—may be presented to the judge as well.
What Happens at the End of a Protective Order Hearing?
Based on this evidence and testimony, the judge will institute one of three types protective orders to extend until the defendant’s trial. Since every other party at the trial will be advocating against the defendant, it is always in their best interests to have an attorney advocating on their behalf during this and all future proceedings.
During the pretrial period, a Stamford defense lawyer may be able to help you get your protective order modified to lessen restrictions on your life.
Seek Legal Guidance for Any Protective Order Hearing in Weston
Weston protective order hearings can be complicated ordeals to go through alone. Call Mark Sherman Law to speak with a domestic violence lawyer about how best to approach yours.