You Have Legal Options Available to Help Protect You from Domestic Abuse
Statistics reveal that 1 in 4 men and 1 in 3 women have experienced domestic violence by their partner. (1) Domestic violence is especially traumatic because it is carried out by those who are closest to you, and those on who you are generally dependent. If you are facing domestic violence, you need to make sure you take the necessary precautions to stand up for yourself and get help immediately. Domestic violence can escalate quickly, so you should consult with a family lawyer for help as early as possible. The sooner you connect with a lawyer, the sooner you can protect yourself and your loved ones from the abuser.
How is Domestic Violence Legally Defined in CT?
Domestic violence occurs when a family member presents a continuous threat of physical pain or injury to the victim. Stalking and threatening can also be referred to as domestic abuse. If the abuser is threatening to harm you, or they are threatening to commit a violent crime, then they have committed domestic abuse and you should seek protection and help the right way.
Aside from causing physical harm, threatening you, and stalking you, domestic violence includes:
- Isolating you from friends, family, and your support circle
- Depriving you of your basic needs
- Controlling your finances, communications, and daily behavior
- Compelling you to do things you do not want to,
- Sexual abuse
- Threatening to harm those around you, including your pets
If your partner or family member is harming you in any of the above ways, you should get in touch with a family lawyer to explore protection methods. One of the main forms of protection you can be given against an abusive partner is a restraining order.
What is a Restraining Order and How Can I get One?
In Connecticut, there are two types of restraining orders. A temporary or ex parte restraining order, or a permanent one.
Temporary (Ex Parte) Restraining Orders
A temporary restraining order can be granted immediately on the day you apply for it, providing the judge believes you are at risk of immediate and present danger. If the temporary order is granted then it will last until the permanent order is decided, which has to be carried out within 14 days. However, if your abuser has a weapon and you include this information in your application then the hearing for the permanent order will take place within 7 days.
Permanent Restraining Orders
Once the final hearing takes place, the court will hear both sides of the story and create a final restraining order. The permanent order can last up to one year but can be extended if the judge believes that it is necessary.
The restraining order will order the abuser to refrain from:
- Threatening, harassing, molesting, and assaulting you
- Restraining your freedom
- Keeping you out of your own home
- Contacting you in any way
- Coming near you, generally up to 100 yards
What is a Family Violence Protective Order?
In Connecticut, you also have the option of applying for a family violence protective order. This order is issued by a criminal court judge after an abuser has been arrested and is different from the civil court restraining orders.
To learn more about what protective option is best for you after a family member abuses you, you should get in touch with an attorney as soon as possible.
Need Help with Your Domestic Abuse Case? We Can Help
If you are abused by your spouse, someone you have a child with, a parent, or someone related to you, you may be eligible to apply for a restraining order. When you are mistreated by someone so close to you, life can get very complicated, and the abuse can escalate quickly if you do not take proper action as soon as possible.
Contact family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get professional legal help regarding your family law cases.
Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible.
References:
1. https://ncadv.org/STATISTICS