How Do I Get a Westport Violation of Protective Order Arrest Dismissed?
After a criminal arrest, it’s common for Connecticut Courts to implement criminal protective orders. Violation of these orders can result in an additional felony charge. Reaching out to a top Westport attorney could be a positive first step in positively resolving your case.
What Counts as a Protective Order Violation?
Under Connecticut General Statutes (C.G.S.) § 53a-223, individuals commit the offense of criminal violation of a protective order if they fail to uphold any of the terms of the order. This section concerns the violation of protective orders issued due to incidents of family violence under C.G.S. §46b-38(c); stalking, harassment, and sexual assault under C.G.S. §54-1k, and even civil protective orders.
While protective orders may contain a variety of provisions, the primary purpose is always to prevent the accused person, or respondent, from harassing or abusing the protected person, or petitioner.
Individuals may face protective order violation charges under C.G.S. §53a-223, no matter how small or technical the complained-of actions may seem. For instance, attempting to contact protected persons through a third party can be a violation of a no-contact protective order.
What are the Consequences of a Westport Protective Order Violation?
Criminal violation of a protective order is most often a Class D felony punishable by up to five years in prison and a $5,000 fine under C.G.S. §53a-223. However, the offense becomes a Class C felony if it involves any of the following concerning a person protected by the protective order:
- Imposing any restraint upon persons or their liberty
- Threatening, harassing, assaulting, or attacking persons
- Molesting or sexually assaulting persons
A Class C felony conviction carries the potential for a prison sentence ranging from one to ten years and a fine of up to $10,000.
Felony convictions often have collateral consequences in addition to the statutory penalties. A felony record can prevent individuals from pursuing some career paths, renting housing, and even obtaining credit.
How Can I Fight Back Against Protective Order Violation Charges?
Legal counsel may be able to help individuals work toward getting a Westport protective order violation arrest dismissed in appropriate circumstances. They can examine social media postings, cell phone records, and other evidence that the state is using to support the criminal charges. They can then determine the most effective defense strategy for your case.
Discuss Your Protective Order Violation with a Westport Attorney
Defending yourself against violation of protective order charges is paramount to your ability to avoid the harsh consequences of a conviction. To increase your chance of getting your protective order violation arrest dismissed, you should consider consulting a Westport attorney. To discuss your case and your options, call Mark Sherman Law.