In Connecticut, domestic violence includes situations where a family or household member physically abuses, stalks, threatens, or uses coercive control on another person. If a person is subjected to domestic violence, they may seek a protective order against the alleged perpetrator. These orders are issued by a judge in cases involving domestic abuse.
Protective orders may be issued by a criminal court judge after a person has been arraigned for a crime of domestic or family violence. Violation of any of these orders may result in felony charges, punishable by up to 10 years in jail and a $10,000 fine. If you are dealing with allegations of domestic violence and/or criminal charges related to domestic abuse, our Connecticut criminal defense attorneys will fight to protect your rights.
The Sills Law Firm offers experienced legal representation to clients throughout Connecticut who are facing all types of criminal charges. We will help you understand your rights, as well as the limits imposed by any protective order issued in your case. Contact our law offices today for a free consultation with a Connecticut domestic violence lawyer.
Types of Domestic Violence Protective Orders in Connecticut
In Connecticut, a court may issue a protective order as part of a domestic violence case. This means that if you are arrested on family violence charges, a court could potentially issue a protective order that forbids you from threatening, stalking, harassing, or even being in contact with the alleged victim. There are three main types of protective orders in domestic violence cases:
- Family Violence Protective Orders: This type of order is issued by a criminal court judge after an arraignment on family violence charges. It may also be referred to as a relief from abuser order. This type of protective order may include any provision that is necessary to protect the victim(s) from threats, harassment, injury, or intimidation by the defendant in the case. The order may prohibit the defendant from threatening, harassing, assaulting, molesting, or sexually assaulting the victim, restraining the liberty of the victim, or entering the victim’s home. It can also include protections for the victim’s animal/pet.
- Stalking, Harassment, Sexual Assault, or Risk of Injury Protective Orders: If a person is arrested on charges of stalking, harassment, sexual assault, risk of injury to or impairing the morals of a child, a court may issue a protective order if it believes that the defendant’s actions caused the alleged victim to reasonably fear for their physical safety. This type of protective order can include provisions to protect a victim from threats, harassment, injury, or intimidation by the defendant.
- Protective Order Prohibiting Harassment of Witness: If a prosecutor or other law enforcement official requests it, a court may issue a protective order that prohibits the harassment of a witness in a criminal case. This order can be issued if a court finds that a witness has been harassed or that it is necessary to prevent stalking or harassment of the witness. It can include all provisions necessary to protect a witness from threats, harassment, injury, or intimidation.
Each of these protective orders can be issued by a criminal court after a domestic violence arrest. A court may also issue a protective order prohibiting harassment of witnesses in other cases that do not necessarily involve family violence.
Courts will initially issue a temporary ex parte protective order in domestic violence cases. An ex parte order is one that a judge may issue before hearing from both sides in a case. The ex parte protective order will last until the criminal case is resolved.
Once the ex parte order expires, a court may issue a standing criminal protective order. These orders are often issued in cases where the defendant was convicted of a violent offense. A standing protective order will be in effect until modified or ended by a later court order.
Judges do have some discretion when it comes to fashioning protective orders. The provisions of the order will be based on the allegations in the criminal case. In some cases, the protective order will prohibit all communication and cohabitation or even be a full no-contact order. In other situations, the protective order will only prohibit criminal conduct (like threatening or harassing the alleged victim).
Courts take violations of both ex parte and standing protective orders incredibly seriously. Even if you ultimately prevail on the underlying charges, you could be charged with a crime for violating a domestic violence protective order.
Under Connecticut law, it is a Class D or Class C felony to violate a domestic violence protective order. If the alleged violation involves restraining the liberty of the alleged victim or threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the alleged victim, it is classified as a Class C felony. If convicted of a Class D or Class C felony, you could be sentenced to up to 10 years in prison plus fined up to $10,000.
Because the potential consequences of violating a protective order are so severe, it is incredibly important that you understand exactly what you can and cannot do under the terms of the order. If you have been charged with an offense related to family violence, our Connecticut domestic violence attorneys can help you understand any related protective order. We will also work hard to defend you against the charges and help you achieve the best possible outcome.
Is There a Difference Between a Protective Order and a Restraining Order?
In Connecticut, an alleged victim of family violence can seek a civil restraining order even if no criminal charges have been filed. Initially, they can request a temporary ex parte restraining order if they believe that there is an immediate and present physical danger to their safety. A temporary restraining order is valid for up to 14 days.
The court will then schedule a hearing to determine whether or not to issue a permanent restraining order. After listening to evidence from both parties, the court may issue a permanent order for up to 1 year. Both temporary and permanent restraining orders can contain provisions such as:
- Ordering a person not to threaten, harass, assault, molest, sexually assault, or attack the victim;
- Prohibiting a person from entering the victim’s home;
- Granting the victim temporary custody or visitation rights;
- Prohibiting a person from contacting the victim in any way;
- Granting the victim temporary possession of certain property, such as a vehicle, and necessary documentation; and
- Ordering a person not to abuse or threaten to abuse a pet.
While restraining orders are civil in nature, they can still result in criminal charges. Just as with protective orders, a violation of a restraining order can lead to felony charges and serious jail time. An alleged victim can also file a motion for civil contempt if you violate the restraining order, which may result in further consequences.
While restraining orders are issued by a civil judge, it is still important to understand the terms and how they may affect you. Even if you have not been criminally charged with domestic violence, you can still be charged with a felony for violating a restraining order. Our Connecticut criminal defense attorneys will work with you to help you understand your rights if you are dealing with allegations of family violence.
Call Now to Talk to an Experienced Connecticut Criminal Defense Lawyer
Allegations of domestic violence are taken very seriously in Connecticut. If you are charged with family violence, the court may issue a protective order in your case. Any violation of this order will result in felony charges.
With offices in Hartford and Waterbury, the Sills Law Firm represents clients throughout Connecticut who have been charged with all types of domestic violence offenses. We know that these cases are often highly emotional and often rest on “he said, she said” evidence. We will work hard to help you get the best possible outcome for the charges against you.
To learn more or to schedule a free initial consultation with a Connecticut criminal defense attorney, give us a call at 860-524-8118 or fill out our online contact form.
