Connecticut Spousal Abuse Lawyer
If you are facing accusations of violence against your spouse, it is wise to consult a knowledgeable Connecticut spousal abuse lawyer. A criminal defense attorney familiar with domestic violence procedures and requirements could help defend against the accusations and minimize negative consequences.
What Constitutes Spousal Abuse in Connecticut?
Connecticut General Statutes (C.G.S.) §46b-38a explains that an incident may be considered family violence if it involves a violent or threatening act occurring between people in a family, intimate, or household relationship. This type of relationship includes spouses and former spouses as well as couples who have lived together in the past or present.
Many different crimes may be treated as spousal abuse or family violence offenses. Some of the most common include criminal threatening in the first or second degree, stalking in the first, second, or third degree, and various forms of assault, including sexual assault. These crimes may be either misdemeanors or felonies, so the potential penalties vary. An attorney in Connecticut could help someone accused of spousal abuse.
Different Legal Procedures in Family Violence Cases
Connecticut has implemented special procedures that apply to all cases of suspected family violence. When police respond to a call of possible spousal abuse, they do not need hard evidence to make an arrest. According to Connecticut General Statutes § 46b-38b, if they believe it is likely that family violence occurred, they must arrest the “dominant aggressor”—the person they believe represents the greatest ongoing threat.
If the police determine you are the dominant aggressor, you will be arrested even if the alleged victim does not want it or claims they will not press charges. Police have little discretion in these cases, and the prosecutor can proceed with a case against you even when the alleged victim does not cooperate.
If you are arrested, you typically cannot be released until your arraignment on the next business day. If possible, contact a Connecticut spousal abuse attorney to represent you at your arraignment, because several important steps occur at this hearing.
Interview With Family Services
When you arrive at the court for your arraignment, you will be directed to the Family Services Office for an interview. The Family Services Officer is usually a social worker. They work for the court system and provide information and recommendations to the judge in legal matters impacting families.
Your interview with the Family Services Officer usually lasts about 20 minutes. They will ask about your home life, your relationship with the alleged victim, and the circumstances that led to the altercation that preceded your arrest.
The Family Services Officer uses the information they learn in the initial interview to make a recommendation to the judge about the contents of a protective order. However, what you say in the interview may have implications beyond the protective order, so you must be very careful about what you say and how you say it. Ideally, you will have a Connecticut spousal abuse defense lawyer sit in on the interview to limit the scope of the questions and protect your rights.
Will Courts Impose Protective Order for Spousal Abuse?
In domestic violence situations, the courts may impose criminal protective orders that restrict communication between the parties. The order may prohibit all contact between individuals or permit only certain actions and communications. It is vital to understand the terms of any order and know how to comply. Failure to abide by all terms could result in criminal penalties, even if the order violated was issued by a civil court and even if there are no criminal charges pending.
Criminal violation of a protective order is a Class C or D felony punishable by up to ten years in prison. A Connecticut spousal abuse attorney could assist in explaining the terms and determining which actions are prohibited. A spousal abuse attorney may also be able to negotiate less burdensome terms.
Will Spousal Abuse Trigger a DCF Investigation?
If children are present or nearby during a domestic dispute, the Department of Children and Families may be called in to investigate. Although DCF does not have the power to charge someone with a criminal offense, they can take actions against parental rights and even have children removed from the home. If someone has further questions about how spousal abuse may affect their family dynamic, contact a Connecticut attorney.
Other Conditions of Release
In most spousal abuse cases, you will be released from jail pending your next court hearing. You may have to post a bond or bail, or the court may release you on a promise to appear (“PTA”).
The protective order will describe the limitations on your contact with the alleged victim while the case is pending. There will be other conditions you must agree to, like a commitment to attend all scheduled court hearings on your case and not to leave the state. Your conditions may include a promise not to drink alcohol until your case is resolved. You also must surrender any firearms for the duration of your case.
Certain conditions of release may be negotiable either at the arraignment or later. If you find any of your conditions of release unreasonable or need to have a condition lifted for a legitimate reason, our Connecticut domestic violence defense attorneys may be able to help.
Consult an Experienced Connecticut Spousal Abuse Attorney Today
The social stigma of a domestic violence conviction can have a serious impact on your employment opportunities, housing, and even social interactions. An experienced Connecticut spousal abuse lawyer could help you fight the charges and move forward with your life. To learn more about how a knowledgeable domestic violence lawyer could help in your situation, call Mark Sherman Law.