CONNECTICUT DOMESTIC VIOLENCE LAWYER

The stress involved in living together and raising a family often causes people to lose control. Arguments sometimes turn into threats or physical altercations, resulting in domestic violence charges. Due to the frequency of such cases, Connecticut criminal courts have developed procedures and programs to handle these types of incidents.

Domestic violence charges involve incidents between spouses or former spouses, persons who are dating or used to date, persons who have children together, parents and children, brothers and sisters, and persons who live in the same household or used to live together. Charges can range from relatively common crimes such as threats or disorderly conduct to the most serious of crimes. Connecticut criminal law 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, including, but not limited to, stalking or a pattern of threatening, between family or household members.”

When police are called to a home, generally an arrest will be made or a warrant will be issued if there is any indication that a crime has occurred. The police must follow certain rules when responding to a domestic violence call. The police, not the parties, decide if anyone will be arrested. Sometimes both parties are arrested.

The court appoints a victim advocate to help victims of domestic violence let the court know how the incident has affected them and to give their opinion as to what program or sentence should be given to conclude the case.

Ultimately, however, it is the criminal court judge who decides if the defendant (the person charged with a crime) should be allowed to use a program or, if there is a guilty plea or verdict, what the sentence should be.

Attorney John Serrano has over 30 years experience handling domestic violence cases and understands how the prosecutors and judges view these types of cases. If you have been arrested or have a warrant for domestic violence, call our firm at 860 236-9350 to have Attorney Serrano's knowledge and experience on your side.

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connecticut FAMILY VIOLENCE EDUCATION PROGRAM

Criminal charges for domestic violence may be avoided by being admitted into the family violence education program (FVEP) and completing its requirements. You may not use the program if you have been convicted of a family violence crime, or have already used the program before, or resolved family violence charges using accelerated rehabilitation. You can use the program for misdemeanors but may also use it for a class D felony by showing good cause.

If a judge agrees to let you use the FVEP, you will usually be required to undergo counseling such as anger management classes and, if your situation involved alcohol or drug use, substance abuse treatment. To successfully complete the program, you must complete all required counseling and treatment, must follow all court rules, including obeying protective orders, and avoid arrest for similar incidents.

If you successfully complete the program, the case will be returned to court, usually after a year, and the charges will be dismissed so that they do not go on your record.

protective orders and restraining orders

When a domestic violence arrest is made, a protective order is usually issued to protect the victim. Violating a protective order is a felony punishable by up to 5 years of imprisonment. Only the court can cancel or change a protective order. The person protected by the order cannot change or cancel the order. He or she can ask the court to do so, but only the court can modify or terminate the protective order.

crimes involving children

Crimes with children as victims usually involve excessive physical punishment, leaving young children alone, or placing children in situations where there is a risk of injuring their physical safety or morals. Incidents with children usually result in intervention by the Connecticut’s child protection agency, the Department of Children and Families (DCF).

While it is not against the law for a parent to spank or physically discipline a child in Connecticut, it is a crime if the punishment causes a mark or a bruise. Under Connecticut criminal law, a family violence crime does not include acts by parents or guardians disciplining minor children unless such acts constitute abuse. The law defines abuse as “physical injury.” A parent who bruises a child can be charged with assault and the much more serious crime of risk of injury to a child, which is a felony.

It is a crime in Connecticut to leave a child alone in a car or public place “for a period of time that presents a substantial risk to the child’s health and safety.” Doing so is a class A misdemeanor law unless it happens after 8 p.m., in which case it is a class C felony. How long is too long to leave a child alone depends on the circumstances. Parents have been arrested for leaving a child in a car for just a few minutes while they went into a convenience store. To avoid the serious consequences of an arrest, the safest practice is never to leave a child behind in a car or public place.

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