Connecticut Domestic/Family Violence Law
A domestic or family violence charge is a
difficult experience for anyone to be put through.
It requires sensitivity for everyone concerned.
It also requires an aggressive defense lawyer.
Domestic violence is a serious matter, and no one
condones violent behavior towards a family member.
But everyone accused of
domestic violence is not guilty.
The laws and enforcement is extremely strict, and
they are set up to prevent dangerous situations, and
perhaps rightly so.
But that can also create situations where cops
are put in a "must arrest" posture even though
almost nothing happened.
I've seen this situation countless times, and I
know how difficult it is to be accused of this
crime.
Please call me to find out what I can do to fight
for your against these charges.
Note: Connecticut law refers to “Domestic Violence” as
“Family Violence.”
What is Family Violence?
Connecticut defines “family violence” as, “an
incident resulting in physical harm, bodily injury
or assault, or an act of threatened violence that
constitutes fear of imminent physical harm, bodily
injury or assault between family or household
members.” (CGS § 46b-38a (1))
Verbal abuse or argument does not constitute
family violence unless there is present danger and
the likelihood that physical violence will occur.
Family violence is not a separate criminal
offense; it simply refers to violent crimes that are
committed against family members.
A family violence crime, in addition to its other
elements, “contains as an element an act of family
violence to a family member and shall not include
acts by parents or guardians disciplining minor
children unless such acts constitute abuse.” (CGS §
46b-38a (3))
Who qualifies as a “Family Member?”
In Connecticut, “Family or household members” are
spouses, former spouses, parents and their children,
people age 18 or older related by blood or marriage,
people age 16 or older either living together or who
have lived together, people who have a child
together whether or not they are or have been
married or have lived together, and persons in, or
have recently been in, a dating relationship (CGS §
46b-38a (2))
What Role do the Police Play?
Police respond to violent incidents involving
family members. Oftentimes they make arrests.
In responding to a family dispute, a police
officer finds no cause to arrest, the officer must
remain on the scene until the threat of violence has
been eliminated (CGS § 46b-38b).
Police officers who respond to a family violence
incident must complete a family violence offense
report whether or not an arrest is made.
If a police officer makes an arrest, then he/she
must make a report to the public safety
commissioner.
What Happens in Court?
There is a Family Relations Division of the
Superior Court of Connecticut. Each area court has a
family violence intervention unit.
The family violence intervention unit is given
the police report(s). That unit then prepares the
report and recommends services.
The unit’s report and recommendations are
available to the judge at the court appearance. The
judge may impose conditions to protect the parties,
including issuance of a protective order
or an order prohibiting further violence against the
victim, referral to a family violence education
program for batterers, and immediate referral for
more extensive case assessment.
What is a Protective Order?
Protective orders are criminal in nature and are
issued against the defendant after he/she has been
arrested for committing a violent crime against a
family or household member.
The court clerk sends a certified copy of the
protective order to the victim and within 48 hours
to the local police department.
The order includes the information necessary to
protect a victim from injury or intimidation,
including an order prohibiting assaulting,
threatening, molesting, or restraining the victim or
entering the family dwelling or the victim's
dwelling.
The order must be made a condition of the
defendant’s bail or release.
What are the Penalties for Violating a
Protective Order?
Violation of a protective order
is a class A misdemeanor, punishable by up to
a year in prison, a $1,000 fine, or both (CGS §
53a-110b).
Entering or remaining on property in violation of
the order constitutes criminal trespass in the first
degree, which is also a class A misdemeanor. In
addition, the court may raise or revoke the
defendant’s bail or release for a violation (CGS §
46b-38c).
What is a Restraining Order?
A restraining order is a means, through the
court, of obtaining relief from abuse and/or threats
by a family or household member.
To obtain a restraining order, the family or
household member who has been subjected to a
continuous threat of physical pain or injury must
file an application in the Superior Court.
The application must include an affidavit that
states the conditions of the abuse.
The court then holds a hearing within 14 days of
receipt of the application. The alleged offender is
given at least five days notice before the hearing.
However; Connecticut law allows the court to
issue an ex parte order without notice or hearing if
there is an immediate and present physical danger to
the applicant.
The order is effective for six months unless
extended by the court upon the applicant’s or its
own motion. Anyone violating the order can be held
in contempt of court.
What are the Penalties for Violating a
Restraining Order?
Entering or remaining on property in violation of
the order constitutes criminal trespass in
the first degree, a class A misdemeanor,
punishable by up to a year in prison, a $1,000 fine,
or both (CGS § 46b-15).
What is the Difference Between a Protective
Order and a Restraining Order?
A restraining order differs from a protective
order in that restraining orders are civil and can
be issued without the accused person being arrested.
What is a Standing Criminal Restraining Order?
A standing criminal restraining order is a form
of punishment against the defendant who has been
convicted of certain crimes of violence against a
family or household member.
Connecticut courts may issue standing criminal
restraining orders, in addition to any sentence of
incarceration, against people convicted of the
following crimes committed against a family or
household member:
- First and second degree
assault;
- First and second degree assault of a victim
age 60 or older;
- Second and third degree assault with a
firearm;
- Second degree assault of a victim 60 or
older with a firearm;
- First, second, and third degree sexual
assault;
- First degree aggravated sexual assault;
- Sexual assault in a spousal or cohabiting
relationship;
- Third degree sexual assault with a firearm;
and
- Stalking.
The order prohibits the person from (1)
restraining the victim; (2) threatening, harassing,
assaulting, molesting, sexually assaulting, or
attacking the victim; or (3) entering the victim's
home.
Violation of a standing criminal
restraining order is a class D felony
that is punishable by one to five years
imprisonment, up to a $1,000 fine, or both (CGS §
53a-110c).
When the subject of a standing criminal
restraining order is released from prison or
completes his/her term of probation or parole, the
offender must be reminded of the existence of the
criminal restraining order, the terms of the order,
and the penalty for violation. The offender must
also be given a copy of the order (CGS § 53a-40e).
Free Legal Defense Consultation on your Family
Violence related charge.
Call me to speak with a Connecticut attorney now to talk about
your case, and discuss your best options to fight
the charges and win.
References: CT Penal Law
I represent clients in
criminal cases in every court in Connecticut. Call
for a free legal consultation and case evaluation on
your family violence, assault, restraining order,
protective order, or related charges at (203) 418-8553.
|
