Connecticut Protective Order Attorney

There are a whole host of different court orders that can limit contact or visitation between two people. In family violence cases, the legal tool is referred to as a Protective Order. A Protective Order is a court order that prohibits you, as a defendant, and only you, from various types of conduct or contact.

Protective Orders can have serious impacts on your day-to-day life. If the victim is your spouse and you live together, it may kick you out of the home. It may prevent you from having any type of contact, text, call, or otherwise, with your boyfriend or girlfriend. Protective Orders can cause serious consequences to you and other loved ones.

If you or a loved one is being investigated or has already been arrested in a family violence case, you are likely scared, concerned, and overwhelmed. Call our experienced and dedicated attorneys at Black’s Law Group for an initial consultation where we can answer many of your likely many questions.

A protective order is different from a restraining order, though the two terms are often used interchangeably. In Connecticut, protective orders are issued in criminal cases, while a restraining order is typically issued in civil court proceedings such as divorce or custody matters. Understanding the difference matters because the process for challenging each one is not the same. A Connecticut protective order attorney can help you understand which type of order you are dealing with and what your options are.

What are the Different Types of Family Violence Protective Orders?

Technically speaking, a protective order is a protective order is a protective order. However, the conditions of a protective order can vary from case to case. Experienced defense attorneys will often use shorthand to describe the different types of protective orders that you may face.

There are three types of protective orders commonly used in Connecticut family violence cases:

• Limited or Partial – this is the term that attorneys often use where the only condition set out in the protective order is that a defendant not harass, threaten, stalk, or commit an act of violence against the alleged victim.

• Residential Stay Away – this is the term that attorneys often use where the protective order prohibits a defendant from harassing, threatening, stalking, or committing an act of violence and also prohibits them from being within 100 yards of the protected person’s home.

• Full Protective Order – this is the term that attorneys often use to describe protective orders that not only include the limited or residential stay away conditions, but also prohibit a defendant from making any form of contact with a protected person.

In many cases, the type of order issued depends on the circumstances of the arrest and the recommendation made by Family Services. The judge has the authority to grant whatever level of protection they determine is appropriate. If you have a spouse or child in the home, even a partial order can disrupt your entire life.

Can I Fight a Judge’s Decision About my Protective Order?

Yes, you can. There are two ways to deal with Protective Orders in criminal cases. You can contest the Protective Order and its conditions through a Fernando A. hearing, or wait a period of time and then seek to modify the Protective Order.

For more about Fernando A. hearings, you can check out our post dedicated entirely to that topic. Bottom line, you have the right to request a full evidentiary hearing to challenge the need for the Protective Order at your arraignment.

If you do not wish to contest the Protective Order early in the process, you can instead do so later in the case, after some time has passed, by filing a Motion to Modify the Protective Order. To do so, you will need to file a Motion in court asking that the Court modify the protective order. Oftentimes, we see this happen in cases where a defendant is subjected to a full no-contact order but later wishes to modify the order downwards.

At a Fernando A. hearing, your attorney can present witnesses and submit evidence to challenge the order. The respondent, meaning you as the person subject to the order, has the right to be heard. Your attorney can put forward relevant facts about your relationship with the victims, your history, and why a less restrictive order would still provide adequate protection. Having an experienced attorney at this hearing date can make a real difference.

Under Connecticut law, both parties have rights during protective order proceedings. The respondent is entitled to notice before a temporary order becomes permanent in most situations. An ex parte order, however, can be issued without the respondent present when the judge finds that immediate protection is needed.

Protective Orders and Firearms

If you are a valid, permitted firearm owner, a Protective Order will have ramifications for your firearm ownership. Following an arrest where a Protective Order will be issued, the local police will often seize your permit along with any firearms or ammunition in your possession. This is not only done pursuant to state law, but also federal law.

Within a few days, you will receive a formal revocation letter from the Special Licensing and Firearms Unit informing you that your permit has been revoked. From there, you will have 90 days to formally invoke your right to appeal that decision.

Hiring an experienced defense attorney to not only represent you in your pending criminal case but also to guide you through the process of preserving your right to appeal your permit revocation, represent you at your hearing, and potentially negotiate the return of your permit at the conclusion of your case can prevent you from needing to start the permitting process from scratch.

What Happens if I Violate a Protective Order?

If this happens, you will likely face a brand new criminal case where you will be charged with the crime of violating a protective order (in addition to any other crimes that are related to the act that violated the protective order).

This crime is a class D felony that carries with it a penalty of up to 5 years of imprisonment. Courts take their orders very seriously. Violating one puts you firmly in their crosshairs.

Beyond prison time, violating a protective order can also lead to additional fines, jail time while your new case is pending, and a much harder path to resolving both cases favorably. Police treat these violations seriously, and the court will often view a violation as evidence that the original order was necessary. If you are at risk of violating an order due to your circumstances, discuss a modification with your attorney before any contact occurs.

Frequently Asked Questions About Protective Orders and Restraining Orders

What is the difference between a protective order and a restraining order?

A protective order is issued in a criminal case, usually after an arrest for domestic violence, stalking, or harassment. A restraining order is typically issued through civil court, often in connection with a divorce or custody dispute. Both restrict the respondent from certain types of contact, but the legal proceedings involved in each are different. A Connecticut protective order attorney can walk you through both.

How long does a protective order last in Connecticut?

A temporary order issued at arraignment can last until the criminal case is resolved, which can be months or longer. The court can also issue a restraining order lasting up to one year in civil proceedings. In some cases, orders are extended beyond that. The respondent has the right to request a hearing to challenge or modify the order before it becomes permanent.

Can a victim drop a protective order in Connecticut?

The victims do not control the protective order. The court issues the order, and only the court can modify or lift it. A victim can request that the order be modified or removed, and the judge will consider that request, but it is not automatic. In many cases, the respondent must still go through a formal hearing process with the support of an experienced attorney.

What behaviors can lead to a protective order being issued?

Courts issue protective orders in response to threats, physical abuse, sexual abuse, sexual assault, stalking, harassment, and threatening behavior. A temporary restraining order can be issued on an ex parte basis, meaning the court grants it based only on one side’s account before the respondent has a chance to respond. This is why it is important to defend yourself at the earliest opportunity.

Do I need a lawyer to fight a restraining order or protective order?

You are not required to have a lawyer, but having one makes a significant difference. These proceedings involve evidence, witnesses, and legal arguments that are hard to handle alone. An order lawyer with extensive experience in Connecticut courts knows how to present your case, challenge abuse claims, and fight for a result that protects your peace of mind and your relationship with your family. Connecticut lawyers who handle these cases regularly understand what judges look for and how to seek the best result on your behalf.

Hire an Experienced Family Violence Attorney at Black’s Law Group

If you or a loved one is facing a family violence arrest, it will place you in the crosshairs of the criminal justice system, but it can also affect your job, your family, and your reputation in the community. You or your loved one is probably scared of what lies ahead. You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate, investigate, and guide your case towards the best possible outcome. That’s where Black’s Law Group comes in. Call Black’s now at 203-504-9517 to schedule your free consultation.

Our law firm has knowledge of protective order law and the other forms of relief available to you. Whether you are seeking to modify a restraining order or face criminal charges connected to a violation, our firm is here to protect you. Contact our Connecticut protective order attorney today to schedule your consultation.