Protective Orders in Westport Assault in the Third-Degree Cases
Assault is considered a violent offense that has serious consequences, especially in cases where third-degree assault is involved. In instances where the accused and the accuser know each other, the court might put a protective order in place, in order to keep both individuals separate and safe. If you want to know more about protective orders in Westport assault in the third-degree cases, speak with a qualified defense attorney that could answer your questions and fight for you.
Different Types of Protective Orders
There are three types of protective orders in Westport assault in the third-degree cases under Connecticut Law. The first is a full no-contact order, which prohibits any type of contact whatsoever with the protective person. The second is a full residential stay-away order that does allow contact with the protective person. However, it criminalizes any entry into the protective person’s home even if it is the accused person’s home as well. The least restrictive order is a partial restraining order, which allows contact but prohibits a person from assaulting, harassing, stalking, or following the protected person.
How Assault is Treated if it is From a Domestic Violence Dispute
If a person has been arrested in Westport for assault in the third-degree and it is domestic violence related, they will be ordered to appear in Norwalk Court the very next business day for their arraignment and for a restraining order hearing.
The restraining order is also known as a criminal protective order, which is one of the types of protective orders in Westport assault in the third-degree cases. The restraining order could keep the person from returning home, having contact with their significant other, or having contact with their children, depending on the severity of the accusation.
Restraining Order Hearings
They will be subjected to interviews by family relations officers who will question them about the arrest and the events leading up to it, and then the family relations officer will make recommendations to the court based on their answers. If the case is related to domestic violence, the restraining order will be issued in court on the very next business day after an arrest.
Enforcing Restraining and Protective Orders
To enforce protective and restraining orders, the Westport police have a protective order database that lists anyone who is protected by a protective order, and they also have a copy of all the orders. If someone calls them and says that their protective order is being violated, the Westport police can look up the protective order in the database and arrest the party who is violating it.
Penalties for Violating a Restraining Order
A person could be charged with a felony under 53a-223 for violating a protective order in Westport. Complying with the orders will help an accused person gain credibility in the eyes of the court, and it will be easier for them to modify their protective order to a less restrictive one in the future.
Value of a Westport Assault Attorney
Protective orders in Westport assault in the third-degree cases can be very nuanced and difficult to understand. A lawyer could be an invaluable asset to you, during the assault process. It is important to understand all the conditions of the protective order and who it includes. If someone violates it, even unknowingly, they will be charged with a felony. Your lawyer could ensure that you understand those things. Most importantly, your attorney could make arguments to the court to advocate for you during the protective or restraining order hearings. Speak with a lawyer today and know that you are in capable hands.