For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
When an individual is arrested and charged with a crime involving harassment or a physical altercation with either a spouse or a girlfriend/boyfriend, the charge(s) will most likely include an element of domestic violence which will bring with it the possibility of a protective order issued by the Court. The type of protective order that is issued, and how the Defendant attempts to challenge it can be key issues in any criminal case.
At the time of arraignment of the Defendant, a protective order may be issued by the Judge for domestic violence cases. The Judge may either order a full, or partial protective order. Full protective orders (C.G.S. §54-63c), require that the Defendant not have any contact, in any form with the named victim. These are referred to as “no contact orders.” If the Judge Orders a partial protective order, the Defendant will be prohibited from taking any further illegal action against the victim, such as harassment. The partial protective order is often times referred to as a “non-harassment order.” These orders are usually in effect from the date on which they are issued until the criminal case reaches sentencing and/or disposal, however in some cases, a protective order can be removed prior to the underlying case being settled.
When an individual is faced with the prospect of a protective order, he or she is entitled to a hearing, provided that he or she makes an application for a hearing, “as soon as practical,” During the hearing, (known as a Fernando A. Hearing, State v. Fernando A., 294 Conn. 1 (Conn. Nov. 3, 2009)), the Court will hear testimony and argument from a number of parties, including, but not limited to, the Court-appointed Victim Advocate (or the Victim’s attorney), a Family Relations Officer, the Bail Commissioner, the State’s Attorney, and of course, counsel for the Defendant. The Defendant is provided the ability to testify, but does not have to make any statements in front of the Court, or any other individual. All parties will argue their respective positions to the Judge who will render an ultimate decision at the conclusion of the evidence.
Protective orders can often affect the Defendant’s ability to reenter his or her home and restrict the Defendant’s contact with his or her children. As a result, protective orders have devastating consequences, both directly, and indirectly on the Defendant’s life, and therefore it is vital that skilled counsel be retained.
If you have been arrested and charged with a family violence crime, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients throughout Connecticut and all of Fairfield County, from Greenwich and Stamford to Westport and Bridgeport.
Source: C.G.S. § 54-63c