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Domestic violence: What is a standing restraining order?

In the state of Connecticut, a standing restraining order limits how close you can come to the person the order is protecting and limits the amount of contact, if any, you can have with that person. The exact charges related to the conviction can directly impact whether a standing restraining order is issues after a domestic violence incident reaches the courts.

Defendants who are convicted of any kind of assault against a family or household member may face jail time and other consequences, but certain charges are deemed serious enough that a conviction can result in the restraining order. These charges include first-degree sexual assault, first- and second-degree assault, first-degree aggravated sexual assault, second- and third-degree assault with a firearm, criminal violation of a protective or restraining order and stalking.

A standing restraining order is different than a standard order because it does not expire unless the courts revoke it, while a standard restraining order is usually only valid for six month. It is import to understand the terms of any restraining order against you because violating a standing criminal restraining order is considered a felony in the state of Connecticut.

Relationships are often complicated and emotional, and that makes it easy for disagreements to escalate. Talking with a criminal defense attorney as soon as possible after the alleged incident can help you better understand what is likely to happen moving forward. Domestic violence defendants may have alternative options, such as agreeing to go to anger management counseling, but this can vary depending on the circumstances of the case, and an attorney can provide more information.

Source: Connecticut Judicial Branch Law Libraries, "Family Violence Statistics" accessed Mar. 13, 2015

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