How Can I Get a Wilton Violation of Protective Order Arrest Dismissed?
Asking how to get a Wilton violation of protective order arrest dismissed often yields few results. However, this serious charge can impact your life for years to come. Therefore, assistance from a domestic violence lawyer is strongly recommended.
How Important Is Evidence When Working Toward a Dismissal?
Evidence is often the key to achieving a dismissal after an arrest for many types of crimes, including violation of a protective order. Prosecutors often allege one set of facts to demonstrate that the person accused took actions that violated the protective order. If you can present evidence to cast doubt on the veracity of those alleged facts, that can lead to a dismissal. An attorney can help you understand what kind of information is helpful to gather.
What Evidence Can Lead to a Dismissal?
The right evidence to refute allegations of a violation varies from case to case. It is wise to start collecting and preserving evidence as soon as possible. For instance, a recording of an incident could be erased unless action is taken to preserve it. Witnesses can become harder to locate as time passes, and their memory may not be as reliable. The collection of evidence connected with the alleged violation should be prompt and thorough for the best chance of achieving a dismissal.
What Potential Penalties Can I Face?
Violating a protective order is treated as either a Class C or Class D felony depending on whether the violation involves aggravating factors. Those convicted may be sentenced to up to five years in prison even without any aggravating circumstances. The potential sentence doubles if the offense is treated as a Class C felony. In addition to incarceration, someone found guilty of violating a protective order may be fined up to $5,000 for a Class D felony and $10,000 for a Class C felony.
The aggravating factors under Connecticut General Statutes (C.G.S.) §53a-223 that cause a violation to be penalized as a Class C felony include situations where the person violating the order commits actions that involve violence or the threat of violence. Aggravating actions are described in C.G.S. §53a-223 as harassing, threatening, assaulting molesting, sexually assaulting, attacking, or imposing restraint on another person.
These penalties are assessed on top of the penalties you face for your underlying charge and can potentially be more serious than the underlying charges. Therefore, reaching out to an attorney as soon as possible is highly advised.
Help Getting a Wilton Violation of Protective Order Arrest Dismissed
If you are concerned about a violation of protective order charge, do not go about the legal system alone. Retaining legal counsel could give you the peace of mind you need to best protect your rights and your record. Call Mark Sherman Law today to learn more.