A protective order in Connecticut is not just a simple document. It is a court order that intervenes before things get worse in a case of harassment or violence. This type of order is very commonly used in domestic violence cases.
“People get confused about what a protective order actually does. It spells out exactly what is off-limits, and it lets police step in right away if someone does not follow the rules,” says Connecticut Domestic violence lawyer Mark Sherman of the Law Offices of Mark Sherman.
If you want to know how protective orders work and what kind of protection they offer, then continue reading.
Understanding How Protective Orders Work
A Connecticut court usually imposes a protective order on someone after they have been arrested for domestic violence or harassment. The order outlines rules for the accused, such as staying away from the victim’s home, workplace, or school. The accused party is also not allowed to contact the victim, even through a third party.
The severity of the protective order depends on the severity of the crime. In some cases, the protective order only prohibits the accused from contacting the victim. In other cases, the protective order requires the accused party to vacate the house they shared with the victim.
The judge decides what kind of protective order to impose based on the evidence gathered and the accused’s criminal history.
Different Types of Protective Orders in Connecticut
There are several protective orders in Connecticut, each with its own purpose and timeline. The quickest type to obtain is the civil restraining order. If a person is in a situation where abuse or threats are taking place, they can immediately go to the Superior Court and request a restraining order, even before the perpetrator is arrested. A judge can sign off on this immediately if he or she believes a real threat exists. This is just a temporary solution, however, to “hold things over” until a court hearing can take place, which is usually within two weeks.
Next, there is the criminal protective order. This type of protective order immediately goes into effect when a person is arrested for domestic violence. This begins as soon as the person is arraigned, even before their trial. This type of protective order often includes a “no contact” clause and could mean one party has to leave the home they share with the abuser. It remains in effect until the criminal case is closed or the court orders a change.
Last is the standing criminal protective order. This one sticks around the longest. These are issued after conviction when the court believes that the victim still requires ongoing protection. These can stick around for years or even forever.
The Consequences of Violating a Protective Order
Violating a protective order is not taken lightly in Connecticut. If the police have reason to believe a person has violated a protective order, they do not need a warrant. They can go in and arrest the person immediately. Even minor offenses, such as sending a single text message or visiting someone’s house without permission, can result in a felony charge.
The consequences can include jail time, fines, and even harsher restrictions in the future. The reasoning behind the harsh consequences is that they constitute a direct affront to the court.
Working with a Lawyer
When it comes to protection orders, a lawyer can be a great source of assistance. They can assist in obtaining or opposing one. They can break it down for you and ensure your rights are protected at every turn.
It is important to find a lawyer who works in domestic violence and knows how to handle a case. The right lawyer can also act fast, break it down for you in simple language, and know how to present well-organized evidence to a judge.
