Wilton Protective Order Lawyer
Criminal protective orders are issued in every Wilton domestic violence case. Alternatively, if there is no criminal arrest, one party to a domestic violence dispute may seek a civil restraining order against another party, with the result that the one party may be forced out of their Wilton home and even prohibited from having contact with their children for a substantial period of time.
If you have been arrested in Wilton for violation of a protective order, or violation of a restraining order, get in touch with a Wilton protective order attorney right away. A skilled domestic violence defense attorney can be essential in helping you understand your case and how to move forward.
Restraining Orders vs. Protective Orders
The terms of protective and restraining orders can be confusing and they may be interpreted more strictly by law enforcement officials than would be imagined by someone not familiar with the laws and legal procedures surrounding protective orders.
It is essential to get help from an experienced Wilton protective order lawyer if someone has been served with a criminal protective order or a civil restraining order, or accused of violating one. The language on these orders is broad, ambiguous, confusing and if not strictly complied with, a person can easily get arrested in Wilton for this felony charge of violation of a restraining or protective order.
Difference Between Criminal and Civil Orders
Essentially, the difference between these two types of orders is how they are initiated. A criminal protective order is issued by a criminal court in cases involving arrests for domestic violence offenses such as disorderly conduct, assault, stalking, harassment, or strangulation. These orders usually last throughout the duration of the criminal case, which is typically 6 to 12 months, although the courts can also issue a standing protective order of longer duration.
A civil restraining order is issued by a Family Court upon application by a party who feels endangered by the threat of harm from someone in the household, a member of the family, or a romantic partner.
If the court feels the danger is especially imminent, the judge may order an immediate temporary restraining order which goes into effect right away. The party against whom the order is issued does not have a chance to contest this order until a full evidentiary hearing is held on a long-term order.
Jail Penalties for Violation of an Order
Violations of either criminal protective orders or civil restraining orders are treated as felony criminal offenses. All Wilton, Connecticut domestic violence arrests report on the following business day morning to Norwalk Superior Court, located at 17 Belden Avenue, Norwalk, Connecticut. The crime is codified in CGS 53a-223 and specifies that violating either type of order is a Class D felony.
Convictions for violating a civil restraining order or criminal protective order carry penalties that include up to 5 years in prison, a fine of up to $5,000 and the stigma and complications that attach to felony convictions such as difficulty in obtaining employment and housing.
Just as concerning, information about someone’s Wilton arrest and conviction is likely to appear online, as well as in national law enforcement databases that could affect routine traffic stops, airport travel, and other situations.
Role of a Wilton Protective Order Attorney
Because the stakes are so high in these situations, it is essential to work with Wilton defense lawyers, especially those who are experienced with fighting violations of Wilton criminal protective order arrests.
A Wilton protective order lawyer will be able to explain the terms of your protective or restraining order, provide specific advice regarding compliance, help with obtaining revisions to existing orders or establishing favorable terms in a new order, or build a defense in a case in which a protective order is alleged to have been violated. Even better, they will work with you and your family to try and get your criminal protective order dismissed and off your record as quickly as possible.