Skilled Advocacy For Those Facing Domestic Violence-Related Court Orders
When you or a loved one are embroiled in a high-conflict legal situation, emotions run high, and you may be unsure what to do. It is crucial you find a law firm that can help guide you and manage complicated issues, evidence, and witnesses. If you are involved with a Connecticut criminal protective or restraining order or are either an applicant or respondent of a relief from abuse, skilled help is available. The Maddox Law Firm, represents people on all sides of these Connecticut applications.
Many individuals seeking to obtain or oppose a criminal protective or restraining order or relief from abuse have very pressing day-to-day issues that need to be addressed. Therefore, it is crucial to understand the full range of rights and risks involved. A conviction of violating a criminal protective or restraining order is a felony and can result in jail time and fines.
Criminal protective/restraining orders and relief from abuse orders differ in two ways:
- A criminal protective/restraining order is issued in a criminal proceeding and a relief from abuse is issued in a civil proceeding.
- The criminal protective/restraining order follows an arrest and a relief from abuse requires the claimant to file an application for relief in civil court.
Our attorneys are passionate about ensuring everyone knows the laws protecting them and their families. We defend those who feel they are being wrongfully accused and champion anyone needing protection.
Criminal Protective Orders In Connecticut
If you are arrested and charged with a crime associated with a domestic violence offense, the court will very likely impose a protective/restraining order against you. A protective/restraining order may require that the defendant not contact the alleged victim in any way, including through third parties. This is designed to prevent further violence, stalking or threats that might occur while the case is ongoing.
There are three types of Connecticut criminal protective orders, including:
- Full protective order – Absolutely no contact of any kind, including through third parties.
- Limited protective order – Sometimes referred to as a “stay away” order that permits contact but prohibits the respondent from entering the applicant’s home or workplace.
- Partial protective order – Permits contact between the applicant and the respondent, but prohibits assault, harassing, threatening, intimidating or stalking the respondent.
It is essential you understand that you have a right to a hearing, known as a Fernando hearing, when a court imposes a criminal protective order. The Maddox Law Firm can prepare for the hearing, present witnesses, cross-examine and present the right evidence for you.
The Basics Of A Relief From Abuse Order
While every case is different, there tends to be a pattern regarding abuse. It can make the victim feel they have no options, the victim puts the abuser’s needs above their own, the abuser isolates them from friends and family, and uses physical force or threats to maintain control, which escalate in severity and frequency over time. A Connecticut application for relief from abuse can be granted ex parte which means that a judge can grant it immediately without any notice to the alleged abuser and without a hearing. The hearing is then scheduled 14 days after the ex parte granting of the order.
For a court to grant an application or relief from abuse, a judge must find that the applicant, their children and/or animals are under an immediate and present physical danger. If granted, a Connecticut application for relief from abuse is in effect for one year and can be extended by the court once one year has passed.
An order of relief from abuse, like a Connecticut criminal protective/restraining order, prohibits the respondent from contacting or coming near the alleged victim. This can also require the respondent to stay away from the alleged victim’s home or workplace.
Our legal team understands that these orders can have a huge impact on every aspect of your life – financially, emotionally, personally and professionally. In many cases, these matters can be resolved outside of court with a mediation agreement. If not, we are prepared to represent you in court.
It is also important to note that Connecticut permits relief from abuse applicant to ask the court to enter certain financial orders, such as requiring a respondent to pay rent, mortgage, health and auto insurance, as well as child support.
If you are served with an order of relief from abuse or have applied for one, you must obey it at least until you have been represented by an experienced attorney in a hearing on the matter before a judge.
Please understand, a respondent to either a protective/restraining order or relief from abuse is allowed to return to the residence that was shared with the applicant or alleged victim one time to collect necessary items such as clothing. For the one-time visit, you should be in the presence of a police officer or a Connecticut Marshal.
An alleged violation of a Connecticut criminal protective/restraining order and a relief from abuse order can result in an arrest and a felony charge.
Find Out How We Can Help You – Discuss Your Case With An Experienced Attorney
Connecticut laws governing these orders can be complex. If you are unsure of the details of your case, we suggest you reach out to The Maddox Law Firm as soon as possible so that our team can provide you with information about the specific requirements. To do our part as a community, we must continue to share knowledge about what abuse looks like and how we can prevent it from happening again and to others.
To get started, you can contact us online or call 203-298-3154.
