Modifying a Protective Order in Westport
If you are subject to a protective order, you may feel that the terms are overly restrictive. Since any violation is a felony charge, it is in your best interests to understand the terms and how to comply. Fortunately, modifying a protective order in Westport may be possible with help from a top defense attorney.
When Can a Protective Order be Modified?
A protective order can be modified immediately after it is issued, but if nothing changes in the meantime, this is unlikely to occur. A protective order can only be modified by the court.
What Modifications to Protective Orders can the Court Order?
Modifications to Westport protective orders can address nearly any of the terms. A protective order can be modified to become more restrictive or less restrictive, depending on the circumstances. For example, many respondents seek to modify overly burdensome child custody or visitation restrictions. If a respondent and their attorney can show the court good cause to loosen the restrictions, custody rights can be temporarily modified.
Can a Court Restore my Right to Possess Firearms?
Connecticut law has a very specific requirement that respondents surrender all firearms and ammunition within 24 hours of the initiation of a protective order. Courts do not have the ability to restore firearm rights when modifying protective orders. As long as the order is in place, the respondent is prohibited from possessing guns. Individuals can recover the firearms as soon as the order expires.
When do Courts Modify Protective Orders?
Modifications to protective orders in Westport are available if a court finds the respondent has grounds to modify the order. If a skilled attorney can present evidence or compelling arguments in favor of a modification, the court may do so even without the petitioner’s consent.
What Types of Evidence can Support a Protective Order Modification?
An evidentiary hearing allows the judge to hear testimony and evidence to determine if a modification is warranted. Evidence showing circumstances have changed or new developments have come to light can help. Common forms of evidence may include emails, texts, or social media posts. Witnesses testimony can also provide first-hand accounts and allow the judge to determine credibility.
Additionally, Westport has various counseling and substance abuse options that defendants can take advantage of. If an individual is addressing underlying issues, it can give the court more reason to modify the order.
A Westport Protective Order Attorney Could Help With Modifications
If you are subject to a protective order, it is critical to comply with the terms, as any violation is a felony offense. However, some protective orders can be overly restrictive. With help from an experienced attorney, you may be able to convince the court to modify your Westport protective order so that it creates less of a burden. Call Mark Sherman Law today for more information.