Divorce case protective orders in Connecticut.
Divorce case protective order lawyer.
Protective orders are very common in Connecticut divorce cases. Emotions can run to the extremes during a divorce. They can exacerbate stressors that were present during the marriage. People act badly for various reasons. Therefore, it is important to protect yourself from undue harassment, or to defend yourself against a claim from the opposing party. If you, or a family member is involved in a Connecticut divorce case, then you need a lawyer who knows how to obtain, and defend against divorce case protective orders.
What is a divorce case protective order in Connecticut?
The term “protective order” is a court order to protect one or more persons from another person. The court can order a person to do something, or to refrain from doing something. For example, person A might seek a protective order against person B to prevent person B from harassing person A. Or a person might seek to remove the bad acting party from the home. After a protective order is issued, the defending party must obey the order, or risk serious consequences.
What are the two types of protective order used in Connecticut divorce cases?
There are two types of divorce case protective orders in Connecticut. First, an order to provide relief from abuse under General Statute § 46b-15 against household or family members. Second, an order to provide relief from “stalking, sexual abuse, or sexual assault” under General Statute § 46b-16a. Both require the complaining party to describe the reasons for needing a protective order in detail. The allegation must be alleged under oath. The sworn allegations must satisfy statutory criteria. Next, the allegations will receive judicial review, and a hearing.
Who can get a divorce case protective order in a Connecticut divorce case?
Anyone can apply to the court for a protective order as long as the statutory criteria are met. For an order to provide relieve from abuse from a family or household member, you must prove that you are victim of domestic violence as the term “domestic violence” is defined under the law. For protections from stalking, sexual abuse, or sexual assault you must prove sexual abuse, sexual assault, or stalking as those three terms are defined under the law.
Do I need a lawyer to get a divorce case protective order?
Yes, you should. There are many rules, complex definitions, caselaw, procedural rules, and service rules that apply to protective orders. As a result, errors will occur unless you are well versed in the law. Therefore, it is highly recommended that you use a lawyer.
What is the benefit of getting a divorce case protective order in a Connecticut divorce case?
The main benefit is that the defendant is Court ordered to stop certain activity, or is prevented from entering the household. Next, if the defendant continues with that activity, then the defendant can be found in contempt of court, and can be charge with a crime. The crime of violation of a protective order is a serious crime.
What are the criteria to get a divorce case protective order in a Connecticut divorce case?
Divorce case protective orders involving family or household members due to domestic violence.
If you are seeking an order from relief from abuse, then you must prove domestic violence. The term domestic violence includes:
(1) A continuous threat of present physical pain or physical injury;
(2) stalking;
(3) threatening; or
(4) coercive control, which is a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty.
Divorce case protective orders involving stalking, sexual assault, or sexual abuse.
You must prove stalking, sexual assault, or sexual abuse. The term “stalking” means two or more willful acts, performed in a threatening, predatory or disturbing manner of:
(1) Harassing;
(2) following;
(3) lying in wait for;
(4) surveilling;
(5) monitoring; or
(6) sending unwanted gifts or messages to another person directly, indirectly or through a third person, by any method, device or other means, that causes such person to reasonably fear for his or her physical safety.
WHERE TO FIND HELP.
Attorney Lori Bartinik is Board Certified in Family Law Advocacy by the National Board of Trial Advocacy with over 30 years of experience. Contact her at The Bartinik Law Firm LLC at 860-445-8521. Read our recent blog post about Connecticut protective orders here.