New Haven Ex Parte Restraining Order
In New Haven, a restraining order is an order put in place by a civil or family court. This is done after an individual makes a complaint and files an application with the court. The initial step in getting a full restraining order is obtaining an ex parte restraining order.
Ex Parte Restraining Order Hearings
The ex parte restraining order is put in place without any notice to the other party. First, the complainant goes to the courthouse and files the application which is then reviewed by a judge without any hearing and without any notice to the other party. For that application, the petitioner or applicant must establish by a preponderance of the evidence that they and/or their child are in immediate danger. If they meet that burden, the ex parte order is issued.
On that same application, the court will also list a hearing date. The ex parte application along with the hearing date is given to a marshal who serves it to the person listed as the defendant or the respondent on the restraining order application.
Once the person is served with that restraining order, it is in full effect. A violation of the ex parte order carries a criminal charge of violation of restraining order with a maximum of five years in jail. It is very important, even during that ex parte period, that the individual abides by the restraining order.
Challenging An Ex Parte Restraining Order
During the hearing, which must occur within 14 days, the applicant seeks to extend the restraining order. It is at this time that the respondent has the opportunity to challenge the restraining order. A New Haven restraining order lawyer can provide aid and counsel in this challenge.
At that hearing, very often, people are represented by counsel who can cross examine the witness. The respondent can bring in their own witnesses, their own defenses to challenge the restraining order, and seek to have it dismissed.
If the ex parte order is not dismissed, a full restraining order is ordered. This can range from a couple of months to a year. That order stays in effect for the duration of that restraining order. It is possible to have those restraining orders modified but this does not very often occur. The applicant must file a motion with the court that ordered the restraining order to have it modified.
Impact of a Restraining Order
A restraining order does not necessarily mean there is a pending criminal case but frequently, they go hand in hand. Very often, someone files a civil restraining order at the same time they are calling the police, which ultimately leads to an arrest.
When an arrest occurs, the criminal court issues a protective order. The restraining order often becomes duplicative of the protective order issued by the criminal court. In those situations, sometimes it is not necessary to challenge a restraining order because there is one in the criminal case. However, if there is not a criminal case pending and the individual does not abide by the terms of that restraining order, it can lead to a criminal charge. This is a violation of a restraining order and carries up to five years in jail. In order to avoid these penalties when facing a restraining order criminal charge, a defendant should consult a New Haven restraining order lawyer.