Connecticut Criminal Lawyer Blog
I hear it from clients all the time: “We just had an argument… nobody wanted to press charges. So why did I end up in handcuffs?” The answer is one statute that catches people off guard every single day: Connecticut’s mandatory arrest law for domestic violence cases. Once 911 is dialed and police arrive, you lose control over what happens next. In other situations, clients who were being abused called 911, and they wind up getting arrested, also, and don’t understand why the police would arrest the victim.
At a glance
Probable cause = arrest. In CT domestic calls, if officers believe a crime occurred, they must arrest.
Immediate fallout. Conditions of release, a next-day protective order, and sometimes DCF involvement.
Need help now? Call (203) 357-5555 or fill out my contact form.
How the Mandatory Arrest Law Works
Under C.G.S. § 46b-38b, Connecticut police are required to make an arrest whenever they have probable cause to believe a family-violence crime occurred. If an officer thinks a crime happened—based on statements, visible injuries, 911 audio, or the scene—they don’t have a choice. Someone is going to jail. This takes the decision completely out of the alleged victim’s hands; even if that person begs officers not to arrest, the law requires it if probable cause exists.
Plain-English note on “probable cause.” It’s not proof beyond a reasonable doubt. It’s a reasonable belief, based on what officers see and hear, that a crime happened – this is the lowest evidentiary standard of proof.
How Domestic Violence Cases Differ from Other Criminal Cases
In most criminal cases, officers have discretion: warn, mediate, issue a summons, or make an arrest—and the complaining witness’s wishes can carry real weight. Domestic violence is different. Once police find probable cause that a family-violence crime occurred, an arrest is mandatory, even if the alleged victim doesn’t want charges. The process also moves faster and with tighter restrictions: you’ll appear in court the next business day on the family-violence docket, you may face immediate conditions of release that keep you from your home, and the judge can issue a criminal protective order at arraignment. Only the prosecutor can later decide to continue or dismiss; the alleged victim cannot “drop” the case.
The “Primary Aggressor” Rule (and its limits)
According to Connecticut law, Officers are instructed to arrest the primary aggressor—the person who poses the most serious ongoing threat—after weighing prior history, the severity of injuries, and self-defense. In practice, when stories conflict and both parties have minor marks, some departments still default to dual arrests and let the court sort it out.
Example: A couple argues, things get physical, and both show minor scratches. Instead of parsing who acted in self-defense, police arrest both. Two people with clean records now face criminal charges and must appear in court the next day.
Immediate Consequences of a Domestic Violence Arrest
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Conditions of Release (police). Start immediately; can bar you from returning home or contacting the complainant before you see a judge.
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Protective Orders (judge). At arraignment—usually the next business day—the court often imposes a protective order with strict rules. Once a protective order has been issued, only the Court can modify it; the victim can not allow you to return home or contact them.
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DCF Involvement. If children were present or implicated, an investigation can begin right away.
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Reputation & Employment. An arrest alone can create fallout at work and in your community—even if the case is later dismissed.
Need help now? Call (203) 357-5555 or fill out my contact form. I can push for safer, narrower orders and prepare you for Family Relations and arraignment.
Protective Orders at Court
| Type | What it means |
|---|---|
| Full No-Contact | No contact of any kind. |
| Residential Stay-Away | No contact, and you must stay away from the home. |
| Partial | Limited contact allowed (no threats/harassment/abuse). |
Follow the order—not private agreements. Violations are new criminal charges.
Family Relations Interview – What to Expect
Before you see the judge, Family Relations interviews both sides and recommends a protective order and services.
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Be polite and brief.
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Do not argue facts or minimize.
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If questions go beyond basics, say: “I’d like to speak with my lawyer before answering further.”
10-Minute Action Plan (if you’re arrested or think you might be)
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Do not argue at the scene; provide ID only.
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Follow conditions of release exactly—even if you think they’re unfair.
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Do not return home or contact the complainant unless the paperwork clearly allows it.
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Document: photograph any injuries (both sides), save texts/voicemails/call logs, and list witnesses.
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Call me so we can prep for Family Relations and press for appropriate orders.
Why Good People Get Arrested (common patterns)
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Mutual argument, minor injuries. Each has small marks; officers arrest both.
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Neighbor calls 911. By arrival, it’s calm—but probable cause is found and someone is arrested.
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Self-defense. A defensive action leaves a visible mark; the officer focuses on the injury and makes an arrest.
Common Mistakes That Make Things Worse
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Violating protective orders or conditions of release.
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Contacting the complainant (texts, apologies, “working it out”).
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Posting on social media about the incident.
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Going back to the home without a police escort to retrieve belongings.
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Ignoring DCF calls when children are involved.
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Failure to surrender firearms after a DV arrest to the police.
How A Lawyer Can Help?
I’ve defended clients across Stamford, Norwalk, Bridgeport, and throughout Connecticut who were caught off guard by this law. I will:
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Challenge probable cause where the evidence is thin.
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Fight for order modifications so you can return home when appropriate.
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Build a defense using video, messages, witnesses, and context.
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Pursue dismissal or diversion, such as the FVEP program, when available and strategic.
Frequently Asked Questions
1) Can the alleged victim stop the arrest?
No. If officers find probable cause, arrest is mandatory.
2) What if I acted in self-defense?
You can still be arrested; self-defense is raised and litigated later.
3) Why do police arrest both people?
When stories conflict and both have minor injuries, some departments default to dual arrests.
4) How fast is the court?
Usually, the next business day. You’ll meet Family Relations first, then the judge.
5) Conditions of release vs. protective orders?
Conditions: set by the police and start immediately. Protective orders: set by the judge at arraignment and can last for the case, or untll modified.
6) Will DCF get involved?
Often, but only if children were present or implicated.
7) Will the arrest show up on my record?
Yes, but many cases can be resolved or dismissed with the right strategy.
8) Can the alleged victim “drop the charges”?
No. Only the prosecutor decides whether to proceed or dismiss.
9) What if I violate a protective order?
Expect a new felony charge and strict judicial response.
10) What should I do first?
Follow conditions precisely, document evidence, and call an attorney to prepare for Family Relations and court.
Bottom Line
Connecticut’s mandatory arrest law can turn one heated moment into an arrest, a next-day court date, a protective order, and DCF involvement. The first 24 hours are critical—how you handle them shapes your case.
Call (203) 357-5555 or fill out my contact form for a free consultation. I’ll review your case, explain your options, and fight to protect your rights.
