What You Should Know About Connecticut Applications For Relief From Abuse And Criminal Protective Orders
The Maddox Law Firm, LLC, represents people on all sides of Connecticut applications for relief from abuse and Connecticut criminal protective orders. The circumstances that give rise to such orders are always heated and usually complicated. There is a great deal at stake, including not only relationships and access to children, but also employment, property and other financial interests. If you are either a potential applicant for a relief from abuse or a respondent, or you are subject to a Connecticut criminal protective order, contact The Maddox Law Firm today.
Criminal protective/restraining orders and relief from abuse orders differ in two ways:
- A criminal protective order is issued in a criminal proceeding and a relief from abuse is issued in a civil proceeding.
- The criminal protective order follows an arrest and a relief from abuse requires the claimant to file an application for relief in civil court.
Connecticut Criminal Protective Order
If you are arrested and charged with a crime associated with a domestic violence offense, the court will very likely impose a restraining/protective order against you. A protective order may require that the defendant not contact the victim in any way, including through third parties.
There are three types of Connecticut criminal protective orders:
- Full protective order, which means absolutely no contact of any kind, including through third parties;
- A 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;
- A partial protective order, which 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 when a court imposes a criminal protective order. Make sure that your law firm knows how to prepare for that hearing, present witnesses, cross-examine witnesses and present the right evidence for you.
Relief From Abuse Order
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. That hearing is then scheduled 14 days after the ex parte granting of the order.
In order for a court to grant an application or relief from abuse, a judge must find that the applicant is under an immediate and present physical danger to the applicant, their children and, or animals kept by the applicant.
If granted, a Connecticut application for relief from abuse is in effect for one year. It can also be extended by the court past one year.
An order of relief from abuse, like a Connecticut criminal protective order can require that the respondent not contact the applicant in any way, including through third parties. The respondent can be ordered to not enter the residence originally shared by the applicant and respondent, and not go to the applicant’s place of work.
It is important also to know that Connecticut permits an applicant for a relief from abuse to ask the court to enter certain financial orders, such as requiring a respondent to pay rent, a mortgage, health and auto insurance and child support.
A respondent to either an order of relief from abuse, or a protective order is allowed to return to the residence that was shared with the applicant or alleged victim one time in order to collect necessary items such as clothing. For that one-time visit, you should do so in the presence of a police officer or a Connecticut Marshal.
If you’re served with a Connecticut order of relief from abuse, you’ll have to obey it at least until you’re represented by an experienced law firm at a hearing to argue against the order.
If you’ve applied for a Connecticut relief from abuse, and you expect the opposing party to be represented by a lawyer, you should also obtain legal representation.
An alleged violation of both a Connecticut criminal protective order and a relief from abuse order can result in arrest and a felony charge.