Connecticut restraining orders and protective orders issued in connection with a Connecticut domestic violence arrest can turn your life upside down. That’s why many of best Stamford, Norwalk and Greenwich Connecticut criminal lawyers and attorneys will get asked the same question:
How do I get rid of a Connecticut full no contact protective restraining order that doesn’t let me have any contact with my wife / husband, or children?
Modifying or terminating a full no contact protective restraining order is technical and requires following many courthouse rules and procedures. So make sure you hire a top Connecticut domestic violence criminal lawyer to help you modify or try to get rid of a heavy-handed Connecticut protective order.
For starters, here are two things you need to do if you want to modify a Connecticut full no contact criminal protective order…
Tip 1 : Preserve Your “Fernanda A” Rights at Your Arraignment
At your first court date for a domestic violence arrest – called the “arraignment” – the Superior Court judge will issue a protective order after a very rushed hearing (click here on what exactly to expect at your first domestic violence arrest court date.)
Connecticut domestic violence law allows you to hold a full evidentiary hearing that asks the judge to find that there is probable cause to issue this protective order. This hearing is a called a “Fernando A” hearing and allows you and your top Greenwich or Stamford Connecticut criminal law firm to present evidence, witnesses, and most importantly, cross-examine your accuser about the accusations being made against you. But before you can hold the hearing, you need to (1) preserve your rights at your first court date to hold this “Fernando A” hearing, and (2) request that a “Fernando A” hearing be scheduled as soon as possible.
Tip 2: Ask the Arraignment Court Judge to Preserve Digital Video Surveillance Evidence or Text / Email Evidence that Will Clear Your Name
We often see manufactured and made up accusations made against our clients who are involved in messy divorces. Accusers will sometimes try and game the system and use trumped up, fabricated accusations of domestic violence and physical abuse to gain an advantage in divorce court.
That’s why it’s critical to have your top Greenwich, Stamford or Norwalk Connecticut criminal defense attorney lawyer file a motion with the court on your very first court date to request that the judge order the preservation of video surveillance evidence like in-house webcams, police bodycams, dashboard cams, emails, texts or any other social media postings that will help clear your name. This evidence can disappear quickly if a judge doesn’t order it preserved and turned over to the court or state’s attorney’s office.
When Are Full No Contact Orders Typically Issued in Connecticut Criminal Court?
Before modifying your order, you need to know when you are at risk of getting a Full No Contact Order slapped against you in Connecticut criminal court. It usually comes at your first court date for a domestic violence arrest that’s heard in Stamford, Norwalk or Bridgeport Superior Court.
Anyone arrested for the three most common Connecticut domestic violence arrests—Disorderly Conduct under CGS 53a-182, Assault Third Degree per CGS 53a-61, and Risk of Injury / CGS 53-21—can be hit with a Full No Contact order, or a Full / Residential Stay-Away order. For serious domestic violence felonies, you can also be ordered to wear a GPS ankle monitoring device.
Contact a Connecticut Domestic Violence Criminal Lawyer Today
So if you’ve been arrested in Connecticut, issued a full no contact criminal protective / restraining order by the Stamford or Norwalk criminal courts, and want to fight it, then call the Mark Sherman Law Firm today. Click here to see what our former domestic violence restraining order clients have to say about us in their certified Avvo.com client reviews. Then call us for a consultation on how we can help you. You can reach one of our lawyers anytime, 24/7, at (203) 358-4700.