Connecticut Criminal Lawyer Blog
Domestic violence cases in Connecticut are unique in how they are defined, prosecuted, and resolved compared to other criminal matters. While an assault in a bar and an assault between spouses may involve the same physical conduct, the law treats them very differently because of the relationship between the parties and the broader social concerns surrounding family violence. Understanding these distinctions is critical both for those accused and for their families.
What Qualifies as Domestic Violence in Connecticut?
Under Connecticut law, domestic violence (also referred to as “family violence”) is not a separate criminal charge, but rather a designation applied to certain crimes when they occur between people in particular types of relationships. These include:
- Spouses and former spouses
- People who are dating or who formerly dated
- People who share a child
- Parents and children
- Persons related by blood or marriage and living together
- Household members and roommates
The underlying crimes most often seen in domestic violence cases include assault, disorderly conduct, harassment, strangulation, unlawful restraint, and violation of a protective order. What makes them domestic violence cases is the relationship between the accused and the alleged victim.
How Domestic Violence Cases Are Handled Differently
1. Mandatory Arrest Policy
Police in Connecticut are required to make an arrest whenever they determine that probable cause exists for a family violence crime. Unlike other criminal investigations, there is little discretion—if an officer sees evidence of a domestic assault, someone is going to be arrested.
2. Next-Day Court Appearance
Anyone arrested for domestic violence must appear in court on the very next business day. This is far quicker than the typical criminal process and ensures that protective orders and other safeguards can be put in place immediately.
3. Family Relations Involvement
At the first court date, the Family Relations Office interviews both the accused and the alleged victim. They prepare a report and make recommendations to the judge about protective orders and services. This is a unique feature of domestic violence cases.
4. Protective Orders
Courts almost always issue a protective order at the arraignment. These can range from a “partial” order (no harassment or abuse) to a “residential stay-away” order, or a “full no-contact” order. Violating a protective order is a separate felony charge.
5. Treatment Programs
Many cases are resolved through diversionary programs such as the Family Violence Education Program (FVEP). Successful completion often results in dismissal of the charges, but the process is burdensome and requires multiple counseling sessions over several months.
6. Impact on Employment and Records
Because of the stigma associated with domestic violence, having such a charge—even if dismissed—can affect employment, professional licensing, and immigration status. Employers and licensing boards often view family violence charges more harshly than other misdemeanors.
Practical Consequences of a Domestic Violence Arrest
- Immediate removal from the home: Even if the alleged victim does not want it, courts often order the accused to leave the residence.
- Firearms restrictions: Federal and state laws impose strict limits on gun possession in domestic violence cases.
- Child custody impact: Family court judges may consider domestic violence allegations when determining custody and visitation.
- Public record concerns: Arrest records are visible to the public, which can lead to reputational damage even before the case is resolved.
Defense Strategies in Domestic Violence Cases
A skilled defense attorney can often make a major difference by:
- Challenging the credibility of the accuser
- Highlighting inconsistencies in the police report
- Presenting evidence that the accused acted in self-defense
- Negotiating for entry into the Family Violence Education Program
- Working to modify or terminate overly restrictive protective orders
Because of the speed at which these cases move, it is vital to have representation immediately after arrest.
FAQ Section
What if the alleged victim doesn’t want to press charges?
In Connecticut, the state—not the victim—controls prosecution. Even if the alleged victim asks for the charges to be dropped, prosecutors can and often do continue.
Can both parties be arrested?
Yes. Connecticut law requires officers to identify the “primary aggressor,” but in practice, dual arrests do occur when police believe both parties committed a family violence crime.
How long do protective orders last?
Typically, these orders remain in effect until the case is resolved, but judges can extend or modify them. A violation of a protective order is taken very seriously and prosecuted as a felony.
What is the Family Violence Education Program (FVEP)?
FVEP is a diversionary program consisting of weekly group sessions focused on conflict resolution and preventing future violence. If completed successfully, the case is dismissed.
Does a domestic violence arrest affect gun rights?
Yes. Federal law prohibits possession of firearms while under certain domestic violence protective orders, and a conviction for a domestic violence crime creates a lifetime firearm ban.
What happens at the first court date?
You will meet with Family Relations, appear before a judge, and likely have a protective order issued. An attorney can argue for less restrictive terms and ensure your rights are protected.
Can a domestic violence charge be expunged?
If the case is dismissed, you are entitled to an erasure of the record under Connecticut law. Convictions, however, remain on your record and cannot be expunged.
What should I do immediately after being arrested for domestic violence?
Contact an experienced criminal defense lawyer as soon as possible. Do not attempt to contact the alleged victim until you know the terms of the protective order.
Can domestic violence cases go to trial?
Yes. While many are resolved through diversionary programs or plea deals, some cases proceed to trial. The state must prove the charges beyond a reasonable doubt.
What if the incident was just an argument with no violence?
Police often arrest for “disorderly conduct” in situations where no physical violence occurred. Even a verbal argument can be treated as domestic violence if it disturbs the peace within a household.
Conclusion
Domestic violence cases in Connecticut are handled with extraordinary urgency and caution, reflecting the state’s priority to protect victims and prevent escalation. However, the process often sweeps in individuals after minor disputes or misunderstandings, resulting in serious legal and personal consequences. Anyone facing such a charge needs to understand the differences in how these cases proceed and the importance of immediate legal representation.
If you or someone you love is facing a domestic violence charge in Connecticut, call Attorney Allan F. Friedman at (203) 357-5555 today for a free and confidential consultation to protect your future.
