The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
When a protective order is issued against a respondent in Connecticut, it is recorded in a centralized protective order database accessible by police agencies and everyone in the court system throughout the state. However, this is distinct from a criminal record.
In criminal and family court, your lawyer can also file a motion to modify your protective order. If you do this, it is helpful and important to have evidence to show the court why your order should be modified.
A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
Although there are federal laws that make restraining orders inaccessible on public websites, these orders are public record once you are inside a courthouse. Anyone can ask the clerk to look up a file with your name and read the restraining order.
Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
What if the criminal orders of protection are violated? order and a standing criminal protective order is a Class D Felony, punishable by a $5,000 dollar fine and up to 5 years in prison.
But a protective order only lasts until the criminal case ends, and it may not always protect other people in your family, including any children. A restraining order is ordered by a judge in family court, and it applies only to certain people (explained below).