- Family Law
- Dispute Resolution
Under our system of justice, every accused person is entitled to a vigorous defense. If you have been served with a family court restraining order, you have the right to defend your freedom and your reputation. At Needle|Cuda in Westport, our family law attorneys recognize that a petitioner requesting a restraining order may be making untrue allegations, perhaps to gain the upper hand in divorce or child custody litigation. We also understand that during family legal disputes, tensions are high. But that is not a reason to limit an innocent person’s freedom or to permit permanent damage to their reputation, or risk a more serious crime being charged. When you request our help, we act decisively to protect your rights.
The term “restraining order” refers to any court order that prohibits one person from contacting another. But orders are issued by different courts in different circumstances. The three main types under Connecticut law are:
In our practice, we most often deal with civil restraining orders, often in connection with divorce proceedings or child custody disputes.
Having a restraining order issued against you can damage your reputation, curtail your liberty and separate you from those you love. A typical restraining order can prohibit you from:
The person obtaining the restraining order can make copies and distribute them to the police, your children’s school or daycare center and local businesses. Your reputation among people receiving the order may be damaged. While under a restraining order, you may have to pay support to your spouse and children. If you violate the order, you are subject to severe penalties, including high fines and prison time.
An eligible petitioner can obtain a protective order in an ex parte proceeding, where you are not represented. If the court issues a temporary restraining order, you may have to move out of your home and stay away from your children until the court rescinds the order.
However, you are entitled to a hearing before the court issues a long term order. This hearing must take place within seven days if you own firearms or within 14 days of the ex-parte order being granted. At the hearing, you can tell your side of the story and call witnesses in your behalf. Possible outcomes include:
Because you have so much at stake, you should retain capable counsel to protect your rights. We represent our clients assertively at hearings and work out acceptable compromises when we can.
Needle|Cuda in Fairfield County defends clients against family violence restraining orders throughout Connecticut. We provide highly responsive service and effective representation focused on positive results. To schedule a consultation, call us today at 203-429-4151 or contact our Westport office online.