Modifying a Protective Order in Wilton

A Wilton protective order can restrict you from returning home or even speaking to your loved ones. Fortunately, a knowledgeable domestic violence lawyer could help understand your options for modifying a protective order in Wilton and pursue an outcome that best suits your interests.

What Is The Difference Between Protective Orders and Restraining Orders?

In practical terms, protective orders and restraining orders serve effectively the same purpose in Wilton. The ostensible point of either type of order is to protect someone from being harmed by a domestic partner, family member, or household member by restricting what the allegedly violent party can do, where they can go, and sometimes whether they can interact at all with their alleged victim.

Where these orders differ in a crucial way is how they are implemented, and under what circumstances. While restraining orders stem from an alleged abuse victim filing an application for one and a family court granting the order based on that application, protective orders are instituted following an arrest for domestic violence and may last until the end of criminal proceedings or, if extended, well past the date when a verdict is passed down.

This means that protective orders are often based on different kinds of evidence than restraining orders, which means they may be more room to appeal the imposition of an unfair protective order. If successful, a Wilton protective order could be modified before its normal date of expiry, or sometimes even nullified completely.

What Kind of Restrictions Can a Protective Order Have?

There are three levels of protective or restraining order in Wilton. The most restrictive is a full no contact order that prevents all communication and contact between two parties. On the other end of the spectrum is the partial restraining order which simply prohibits harassing or threatening the protected party. To learn more about the kinds of restraining orders in Connecticut, click here.

What Is The Process for Modifying a Wilton Protective Order?

After a protective order is put in effect by a judge, the only way to modify it is to petition for what is known as a “Fernando A. Hearing.” If a defendant’s motion for this hearing is granted, they will be afforded an opportunity to present additional legal arguments and evidence in support of an adjusted protective order.

Like initial arraignment hearings, protective order modification hearings will involve testimony from multiple parties likely to support the original order, including the bail commissioner, representatives and investigators from the Connecticut Department of Children and Families, state prosecutors, and legal counsel for the alleged victim. A domestic violence lawyer could help a defendant contest any arguments made in favor of the original order with testimony from family members, therapists, psychologists, and any other parties who can affirm that the defendant is not a threat to their alleged victim.

A Wilton Attorney Could Help with Protective Order Modification

Modifying a Wilton protective order requires a strong and comprehensive case in opposition to the one made during your initial protective order hearing.

You should not try to build such a case alone, let a seasoned domestic violence lawyer at Mark Sherman Law help you pursue an adjustment of your protective order. Read our hundreds of certified avvo.com reviews here, and give us a call at 203-358-4700.

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