Violation of Protective and Restraining Orders in Domestic Violence Cases

 Posted on February 28,2015 in Criminal Defense

If you have been arrested on domestic violence charges, chances are good that you have also had a protective or restraining order issued against you. The courts—and Connecticut lawmakers—take domestic violence charges, protective orders, and restraining orders very seriously, and so should you.

Protective Orders

According to the Connecticut Judicial Branch information on domestic violence, a protective order is an order issued in a criminal case and is issued against a defendant after an arrest for family violence. A criminal protective order remains in effect until the underlying criminal case is completed.

Restraining Orders

A restraining order is an order to protect a family member from abuse and/or threatening behavior, even if the perpetrator has not been arrested. Civil restraining orders remain in effect for up to one year, and may be extended upon request.

Standing Criminal Restraining Orders

A standing criminal restraining order is issued as part of the punishment against someone who has been convicted of specified crimes of family violence. It remains in effect for as long as the court orders until otherwise modified or revoked. The order may prohibit the person from:

• Restraining the victim,
• Threatening or assaulting the victim, or
• Entering the victim’s home.

Penalties for Violating Protective and Restraining Orders

A violation of a protective order or a standing criminal restraining order is a Class D felony, which is punishable by up to five years in jail, up to a $1,000 fine, or both. Even though a restraining order is a civil order, violation of a restraining order is a criminal act, and is also a Class D felony carrying the same punishment.

Note that there are many actions that may constitute a violation. These include means of communication such as texting, posting on Facebook, and messages sent via third parties.

If you have been charged with violating a protective or restraining order in connection with a domestic violence case, it may be possible to modify or dissolve the order against you. You need an experienced Stamford criminal defense attorney to fight the charges and protect your interests in court. Contact the Law Offices of Daniel P. Weiner today for a free consultation.