New Haven Restraining Order Lawyer
Restraining orders are fairly common in domestic violence cases, but can be difficult to deal with and can have various consequences once issued. If you need help dealing with a restraining order, consider contacting a New Haven restraining order lawyer.
A restraining order can affect your life in a variety of different ways, but there are things you can do to try to minimize the consequences. Let an experienced domestic violence lawyer in New Haven help. Our legal team is aggressive in advocating for our clients, and will work tirelessly on your behalf.
Working with an Attorney
There are different types of restraining orders, so it is important that you know which type is at issue in your case. A seasoned restraining order attorney in New Haven will ensure you understand the specific limitations of the restraining order, which is important because violating a restraining order is a crime in itself. We have experience with how restraining orders work, how one might affect your life, and the steps you can take to minimize the consequences of the order.
Restraining Orders in Connecticut
A restraining order limits one’s conduct with another party. It can prevent someone from making phone calls, texting, and emailing. Every restraining order prevents the person from engaging threatening, stalking, harassing, or assaultive behavior. If the two parties live in the same place, and the restraining order is a no-contact or a residential stay away, it has the effect of evicting the individual from their home.
There are broad, wide ranging consequences, in terms of the direct orders of the court. More importantly, there is the collateral impact that those orders have such as the eviction. If the other party is not allowed to go within one hundred yards of the complainant’s residence and they live at that same residence, they must move out of that house to be compliant with the restraining order.
The impact, the consequences of these restraining orders or a criminal protective order are very wide ranging and have great impact on one’s life.
Difference Between a Restraining Order and a Protective Order
In New Haven, there are two types of court orders to prevent an individual from having contact with another person. The first is a civil restraining order.
A restraining order is issued through the family court in a civil court. That restraining order is made by a person who submits an application to the court. They write an affidavit demonstrating by a preponderance of the evidence, that there is a threat of their immediate safety or their children’s safety by the person they seek the restraining order against. This is an ex parte restraining order.
The other type of order that can prohibit contact between two parties is a criminal protective order. A protective order is very similar to a restraining order. However, it is issued by the criminal court as a direct result of an arrest in a domestic violence situation.
The consequences for violating either of these two orders are exactly the same. They both prohibit varying degrees of contact. If the person violates a restraining order or a protective order, they are subject to a new arrest and face a Class D felony which carries a maximum of five years in jail.
Modifying a Restraining Order
A protective order is issued by the criminal court and can be modified during dependency of the criminal case. However, that is typically done by challenging the protective order at a hearing; or working together with the court staff including the state’s attorneys, family services, and the complainant to reach an agreement that the protective order should be modified.
Most courthouses, in particular the New Haven Courthouse, require the individual to engage in at least two or three counseling sessions before the court considers modifying the protective order. There are several ways to modify the protective order. Ultimately, it must be modified by the court; only the court has the ability to modify the protective order.
Typically, a protective order is dismissed upon the disposition of the criminal case.
Restraining Order Services
We know that if you are dealing with a restraining order, you have enough on your mind. For this reason, our New Haven restraining order lawyers provide our clients a full array of services so that they are not overburdened by their situation. Let us take on your case, and you will receive the following services:
- Preparation and support for all court appearances;
- Help with gathering the evidence when applicable;
- Advice on options available and possible legal approaches;
- Assistance with building a strong defense; and
- Guidance on complying with the terms of a restraining order.
We know that these types of situations can occur at any time and often escalate when it is least expected, so we make ourselves available to our clients 24/7.
Consult a Restraining Order Lawyer
Restraining orders, since they are domestic in nature, can be overwhelming and even confusing. Our restraining order lawyers in New Haven are aware of that and take these types of situations very seriously.
At a time that you are likely dealing with a complicated family situation, the last thing you should be worried about is dealing with the legal aspects of your situation. Get your free consultation today.