Articles Posted in Domestic Violence

The Law with respect to family related, domestic violence issues. Book of law with a gavel and a Restraining Order.

As of January 1, 2019, Connecticut just passed a dramatic change in domestic violence enforcement which will have significant effects upon the rights and cases of people who get involved in domestic violence arrests.   The previous law required so called “dual arrests” which meant that Police were required by statute to arrest both or all parties in a domestic violence case if they found probable cause that they had committed a crime.   As probable cause is the lowest standard of proof in a criminal case this very often had the effect of victim’s of domestic violence being arrested after having called 911 for help when the attacker or abuser claimed that the victim “hit them first” or other similar allegations.  This resulted in a lot of needless cases filling our Courts and a lot of victims getting a bad taste in their mouths for calling the Police.

In some jurisdictions the rate of dual arrests is as high as 30% in domestic violence calls.

On July 1, 2017 the Legislature passed Public Act 17-31 (effective October 1, 2017) which had some significant changes for domestic violence laws in Connecticut.  The most interesting was the modification to the stalking statute to significantly relax the threshold for a criminal prosecution and at the same time expand the means by which stalking crimes could occur to include stalking by electronic communication and social media such as facebook, instagram, etc.

The old Stalking Statute – Under the old Connecticut stalking statutes in order to be found guilty of stalking you must have taken some overt conduct consisting or two or more acts, by which the actor either directly or through a 3rd person, “follows, lies in wait for, monitors, observes, surviels. threatens, harasses, communicates with or sends unwanted gifts to” the victim.   Also the the actor must have knowingly engaged in such conduct directed at the victim that would “cause a reasonable person to fear for such person’s physical safety.’

The new Stalking Statute 

According to the Center for Disease Control and Prevention there are about 25 incidents of domestic violence every minute in the United States.  While nationwide trends have shown that the rates of domestic violence have dropped significantly since their peak levels in the early 1980’s after many States including Connecticut began implementation of radical changes of how domestic violence Police investigations were handled and how the cases were prosecuted in Court.

In the early 1980’s Police often responded to domestic violence 911 calls in a “peace keeping” capacity.  They would come out to the home, calm everyone down and then leave without arresting anyone.  After the watershed 1983 case of Tracey Thurman in which she sued the Torrington Police Department alleging that they failed to protect her because she was a woman and a domestic violence victim. As a result of this break though litigation, the Connecticut Legislature responded with a sweeping series of radical changes to Connecticut law to protect domestic violence victims. These reforms included the requirement that Police make arrests when they respond to 911 calls if they find probable cause that a crime has occurred; the definition of family violence crimes as separate offenses; establishing a separate domestic violence docket and unit at each Court House to handle domestic violence matters and requiring that all domestic violence offenders be brought before the Court within 24 hours for an arraignment so the Court can issue orders of protection as needed to safeguard the victim.

1. MANDATORY ARREST LAW 

Lately, I have had a lot of really upset clients walking into my office who got caught up in relatively minor domestic violence matters in which no violence or physical injuries were reported, yet the clients were ordered by the Court to engage in fairly invasive “AIC” treatment for both anger management and substance abuse treatment.    These clients are really enraged that these “AIC” programs are interfering with their work, take place during the middle of the day and seem totally unnecessary.   It is a very common situation.  These last few weeks I have been drafting a lot of motions to terminate “AIC.”

It seems that the majority of domestic violence cases are now being referred for treatment during the pendency of the cases for therapy through “AIC.”  The purpose of this article is to examine what is the reason for these referrals to “AIC”; how they can actually help your case in some situations; and finally how your Stamford / Norwalk domestic violence crimes defense attorney can make a motion to modify the conditions of your release to get you out of “AIC” totally or perhaps  into a more accommodating program with a private therapist.

1. What is “AIC?”