Connecticut Domestic Violence Defense Attorney

Most people are familiar with the term domestic violence. In Connecticut, the formal phrase for these types of cases is “family violence” cases. They apply to any situation where family or household members are involved in allegations of criminal conduct. They are not a criminal charge in themselves. In other words, a prosecutor cannot charge you with “family violence.” Instead, it is a way to classify a type of criminal case.

For example, if Spouse A murders Spouse B, the charge would be murder, but it would be classified as a family violence case because of the relationships of the people involved.

Here’s another one. You can be charged with Assault for punching someone in the face at a bar. If that person is a random stranger? Not a family violence case. If it is your roommate or ex, then it would be classified as a family violence case.

If you or a loved one is being investigated or has already been arrested in a family violence case, you are likely scared, concerned, and overwhelmed. Call our experienced and dedicated attorneys at Black’s Law Group for an initial consultation where we can answer many of your likely many questions.

Domestic violence charges in Connecticut carry serious consequences. A domestic violence conviction can affect your employment, custody of your children, and your reputation in the community. It can also leave you with a criminal record that follows you for years. Having a Connecticut domestic violence defense attorney on your side from the start gives you the best chance at protecting your life and your future.

What is a Family or Household Member?

Importantly, this determines whether your case is a family violence crime. The term “family or household member” has a specific definition in Connecticut. A family or household member means any of the following persons, regardless of the age of such person:

• Spouses or former spouses
• Parents or their children
• Persons related by blood or marriage
• Persons presently residing together or who have resided together
• Persons who have a child in common regardless of whether they are or have been married or have lived together at any time
• Persons in, or who have recently been in, a dating relationship.

If the alleged victim in the case fits into any of the above categories, then your case will be classified as a family violence case.

Under Connecticut law, this classification triggers specific rules and procedures that differ from standard criminal cases. That is why it is important to work with a domestic violence attorney who understands how these domestic violence cases are handled from the moment of arrest through the entire court process.

Special Circumstances in Family Violence Cases

Family Violence cases have some specific and unique rules. First, unlike most other criminal cases, after someone is arrested for a family violence incident, they are required to be arraigned (or presented) to the Court the very next business day. If you are arrested on Tuesday, you are in Court Wednesday morning. If you are arrested on Friday night, your next court date will be Monday morning.

Next, in Connecticut, there is an entire extension of the judicial branch dedicated to family violence cases called Family Services, “Family” for short. Prior to your arraignment, you will be asked to meet with Family to determine whether your case might be referred to them.

You are entitled to do this with the assistance of an attorney! Family will ask you for some general biographical information. However, they are also going to ask you about the facts and circumstances surrounding your arrest. Family will make it seem like their job is to help you, but that is not necessarily the case. Everything that you say to them could end up in a report that is provided to the court. If you admit to things that happened, it can be used against you at trial (if that is the direction that your case goes).

Now, working with Family could also end up in your case being diverted from a traditional prosecution, so there are benefits to working with Family. That being said, an experienced and practiced defense attorney can help guide you through the process and decide what is and is not in your best interests.

During this initial interview, Family will also inform you of their recommendation regarding whether the court should issue a protective order, and also, what type of protective order they are recommending. During your arraignment, the court will likely adopt whatever type of protective order that Family recommends. This is not necessarily the final word as it relates to protective orders! For more information, you can visit our other posts on Fernando A. hearings and Protective Orders.

Connecticut domestic violence cases also often involve mandatory arrest policies. This means police are required to make an arrest when there is probable cause to believe that domestic abuse or assault has occurred, even if the alleged victim does not want the person arrested. Once that process starts, the prosecution takes control, not the victim. A domestic violence lawyer can help you understand what that means for your specific matter.

The Pros and Cons of Working with Family

Like we said, there are positives and negatives of working with Family. It will all depend on the particular facts and circumstances of your case and whether you have worked with Family in the past for similar incidents.

If this is your first arrest in general or first Family Violence arrest, it may be worthwhile to explore working with Family. Depending on the nature of the allegations, Family may recommend some form of treatment where, if you successfully complete it, they will recommend that the prosecution “take favorable action” or enter a nolle prosequi in your case. A nolle prosequi is the fancy-Latin phrase for dropping the case.

In other situations, Family may recommend that you participate in the Family Violence Education Program (FVEP). Although you can typically apply for this program without working with Family, any FVEP application is ultimately up to the Court to decide whether to grant. Having Family in support of the application can be helpful.

Even if you are eligible to work with Family, doing so with the buffer of an attorney can help to best protect you if something does go wrong and your case is returned for a traditional prosecution.

However, if you have worked with Family in the past or previously used the FVEP, Family becomes much less useful. Instead, working with them simply creates an opportunity for another group of people to ask you questions where you might incriminate yourself.

A skilled domestic violence defense lawyer will work closely with you to build a defense strategy that fits the specific facts of your case. They will advocate on your behalf through every stage of the legal process and help you understand your legal rights at every step. Whether your goal is to have the charges dismissed or reduced, having strong legal representation makes a real difference in the outcome.

Frequently Asked Questions About Domestic Violence Charges in Connecticut

What happens after a domestic violence arrest in Connecticut?

After a domestic violence arrest, you will be brought before a judge the very next business day. The court will typically issue a protective order at arraignment. You may also be required to complete mandatory counseling as a condition of release. The prosecution moves quickly in these cases, which is why contacting a domestic violence attorney right away is so important.

Can domestic violence charges be dropped in Connecticut?

Yes, in some cases. Domestic violence allegations can be challenged based on the evidence and the specific domestic violence cases facts. Even if the alleged victim wants to drop the charges, the prosecution ultimately decides whether to proceed. A Connecticut domestic violence lawyer can speak with the prosecutor on your behalf, present mitigating information, and push for the best possible outcome.

What are the penalties for a domestic violence conviction in Connecticut?

Penalties depend on the underlying charge. Domestic violence charges can result in jail time, fines, criminal penalties, mandatory counseling, and a restraining order. A domestic violence conviction can also affect your custody arrangements, employment, and reputation. If the underlying charge is an assault or other felony, the criminal record consequences are even more serious.

What is a restraining order, and how does it affect me?

A restraining order or protective order is a court order that restricts contact with the alleged victim. It can prevent you from returning home, seeing your children, or contacting certain people. Violating a protective order leads to additional criminal charges. If you are facing domestic violence charges and a restraining order has been issued, a domestic violence defense attorney can discuss options for challenging or modifying that order.

Hire a Connecticut Family Violence Attorney Today

If you or a loved one is facing a family violence arrest, it will place you in the crosshairs of the criminal justice system, but it can also affect your job, your family, and your reputation in the community. You or your loved one is probably scared of what lies ahead. You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate, investigate, and guide your case towards the best possible outcome. That’s where Black’s Law Group comes in. Call Black’s now at 203-504-9517 to schedule your free consultation.

Our law firm offers a free initial consultation to review your case and explain your options. Our law offices are ready to protect your rights and advocate for you through the entire legal process. Contact a Connecticut domestic violence defense attorney today. The sooner you get legal counsel involved, the more we can do to help.