A protective order is an enforceable court order directing someone not to contact another person. Judges often issue protective orders in domestic violence situations or when someone claims another person is stalking, harassing, or threatening them.

If you were served with a protective order, legal representation is crucial to lifting or limiting the order. A New Haven protective orders lawyer can advise you on how to proceed in these situations and work to protect your freedom.

Types of Protective Orders

There are three types of protective orders a court may issue in varying situations, which a New Haven attorney could help defend against. The person requesting the order of protection is the petitioner, while the person whose activities are restrained by the order is the respondent.

Civil Restraining Order

A civil restraining order is available to a petitioner with a current or former intimate or family relationship with the respondent.

Civil Protective Order

A civil protective order is available to a petitioner whose relationship with the respondent does not fit into any of the categories that would allow them to seek a civil restraining order.

Criminal Protective Order

A criminal protective order is issued when a stalking or domestic violence incident results in an arrest. Typically, the criminal court automatically issues a criminal protective order when someone is arraigned on a domestic violence or stalking charge. It remains in effect until the case is resolved. Courts issue civil protective orders on a petitioner’s request, which remain in effect for as long as a year. The petitioner can apply to extend a civil protective order.

Issuing a Protective Order in New Haven

An individual is aware when a court issues a criminal protective order against them, but the respondent is usually absent when a petitioner asks for a civil order. The court might issue a temporary order, set a date for a hearing, and wait until then to decide whether to issue an order. In either of those cases, a respondent usually will not learn about the order until the sheriff serves them with the request and hearing notice.

A protective order could severely limit a respondent’s activities. It will direct the respondent to refrain from threatening or harassing the petitioner. In addition, a protective order could prohibit a respondent from:

• Approaching the petitioner or their home, vehicle, and workplace
• Contacting the petitioner directly through phone calls, texts, or mail
• Commenting on the petitioner’s social media posts
• Attempting to communicate with the petitioner through third parties

If the respondent and petitioner have children together, the order could give temporary custody to the petitioner and even prevent the respondent from contacting their children.

Contesting the Order

Attending the hearing is essential, as the court will likely issue the order if the respondent does not contest it. Our New Haven lawyers can represent a respondent at the hearing to persuade the judge that a protective order is unnecessary. If the judge decides to issue the order, our local attorneys could ask the judge to draw it narrowly to preserve as many of the respondent’s rights as possible.

Violating a Protective Order is a Felony

The respondent must abide by the order or face criminal consequences. If the order is civil, it is in effect until a court lifts it or it expires. If it is criminal, it remains in effect until the criminal case reaches a final resolution.

Sometimes, the alleged victim in a criminal case or the petitioner in a civil case initiates contact with the respondent. Responding to the contact is a violation of the protective order and could lead to felony charges under Connecticut General Statute §53a-223, even though the other person initiated the contact.

Violating a protective order is usually a Class D felony that could lead to a five-year prison sentence and a $5,000 fine. If a violation involved a threat or physical contact, the crime might be a Class C felony. In such cases, the potential penalties include a prison sentence of up to ten years and a $10,000 fine. A lawyer at our New Haven office can work to defend against allegations of protective order violations.

Consult a New Haven Attorney About Protective Orders

A protective order is meant to preserve the safety and well-being of an alleged victim. However, protective orders can unfairly limit a respondent’s ability to move freely and parent their children.

You deserve legal representation in your case. A New Haven protective order lawyer could advise you on protecting your rights and fighting for your best interests. Reach out to Ruane Attorneys today to speak with a member of our team.