Weston Protective Order Violations
If you are subject to a protective order, you should take care to ensure you do not violate the terms. For help complying or building a defense against Weston protective order violation charges, contact a top CT defense attorney today.
What Actions Can Violate a Protective Order?
The behaviors that can violate a protective order depend on the type of order issued against the respondent. Partial protective orders allow contact but prohibit assaults or threatening behavior. Residential stay-away orders bar the respondent from returning to the home, and full no-contact orders prohibit all communication between the parties.
The most common forms of protective order violations in Weston and throughout the state are contacting the petitioner while being subject to a full no-contact order. Ordinary activities such as attending a child’s baseball game, texting, and going to one’s residence can result in a violation of the protective order. Something as simple as passing a message through a friend is enough to violate an order. Notably, social media violations are common when the respondent likes a post, private messages the petitioner, or even views their profile.
What if the Petitioner Consented to the Contact?
A petitioner’s consent can never make violating a protective order permissible. If you are subject to a full no-contact protective order, all forms of communication with the petitioner are prohibited, even if they contact you first. The only way a protective order can be changed is by the judge.
What is Permissible Contact?
Permissible contact is contact that the courts have specifically allowed. For instance, the court may enter a no-contact order with the exception that emails may be exchanged regarding child visitation and pick up.
What are the Penalties for Violating a Protective Order in Weston?
Violating a protective order in Weston is either a Class C or Class D felony, depending on the circumstances. Most violations are Class D felonies punishable by up to five years in prison, up to $5,000 in fines, and/or up to 3 years probation. If the violation involves violence or threats, the charge increases to a Class C felony punishable by up to 10 years in prison, up to $10,000 in fines, and/or up to 5 years probation.
Notably, the protective order violation is potentially a separate charge from any criminal conduct that caused the violation. For example, if someone violated an order by assaulting the protected person, they can be charged with both assault and a protective order violation.
Can an Attorney Help Minimize the Penalties for Violating a Protective Order?
Skilled Weston protective order violation attorneys have many options available when building a defense. In some cases, they may be able to present evidence that no violation occurred, leading to a dismissal. In other cases, they may be able to argue for the least burdensome penalties possible. There is no mandatory minimum jail time for protective order violations, so the court does have the ability to impose a suspended sentence.
Contact a Weston Protective Order Violation Attorney
If you were accused of violating your protective order, or you need help understanding the terms, contact a lawyer today. A skilled Weston protective order violation attorney from Mark Sherman Law could help you pursue a favorable resolution of your charges.