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Wednesday, August 19, 2009

Connecticut Domestic Violence Laws Have Changed But Has It Helped?

Over the past several decades, the attitude towards domestic violence cases has dramatically shifted. Once brushed under the rug and considered to be a private matter, mandatory arrests and community awareness has brought these types of situations into the light.

As this article from the Hartford Courant shows, domestic violence cases have increased over the past year and many of these cases have been high profile ones. As the economy struggles, it is not unusual to see cases of domestic violence increase.

Women are typically the victims in these cases and more resources are available to them now than ever. However, that doesn’t necessarily make it easy for them to get out of the unhealthy relationship. Money, kids, and fear all work to keep an abused woman in this type of situation.

If an officer responds to a domestic violence call and there is evidence of abuse, an arrest must be made. This legal requirement is courtesy of the Tracey Thurman law.

In the Tracey Thurman case, she was beaten very badly by her husband at the time, in 1982, and left to die. She sued local law enforcement for failing to protect her. Thurman won a $2.3 million judgment and her name solidified in the law.

Incidents of domestic violence like this are horrifying, and naturally police aggressively arrest anyone involved in a suspicious incident. But that doesn't mean all arrests are legitimate threats.

It's understandable that police take these matters extremely seriously, but it can be complicated to sort out what really happened, and establish whether a crime actually took place.

Trivial incidents and heated arguments will result in an arrest, and prosecutors don't tend to be cooperative on any alleged domestic case. Even where the facts are extremely weak and there is no evidence of abuse of violence, it can take an experienced defense lawyer significant time and effort to work through the situation.

What Happens After a Domestic Violence Arrest?

Once arrested on a domestic violence charge a protective order will likely be issued. If violated, the offender can face additional charges.

There are many resources also available for domestic violence offenders as the state of Connecticut seeks to prevent this type of case. Even without being convicted of a domestic assault, you may be required to attend counseling or classes related to the offense.

If you are accused of domestic violence charges or charges of violating a restraining order, I can help. Contact me immediately for a free consultation on your case.

I know you feel alone, but I will work for you and with you, and not judge you.

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1 Comments:

Blogger Val said...

This a good article - both concise and precise. I'm a former DV prosecutor in Stamford, and did general prosecution in New Britain. I then turned to private litigation practice and now do solely criminal defense. I am semi-retired and a writer. If you need someone to cover cases for you downstate, or if you need a sick day, etc., I would be available. I'm in Greenwich and admitted in CT and NY, email "vlawyer@aol.com".

August 21, 2009 12:02 PM  

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