Connecticut Domestic Violence Trials
If you have been arrested for a domestic violence crime, then you will likely be ordered to court on the next business morning. Top domestic violence attorneys who handle cases know that your first court domestic violence court appearance can be overwhelming and confusing.
The first few hours of your first Connecticut criminal court appearance are critical—as you will first be required interview with a Family Relations Officer, and then you will be compelled to defend yourself in a protective/restraining order hearing (sometimes without an attorney) where you may be ordered out of your home or forbidden to have any contact with your spouse or children. Therefore, if you have been arrested for a domestic violence crime, be sure to consult with a defense lawyer before you walk into a Connecticut domestic violence trial. Being prepared for your first court date is the first step in taking control of your case and working your way toward a quick resolution of your charge.
How Does Connecticut Define Domestic Violence?
In Connecticut, almost any criminal charge can be a domestic violence charge. The relationship between the alleged perpetrator and the alleged victim determines whether the prosecutor will charge a crime as domestic violence.
Connecticut General Statutes § 46b-38a defines domestic violence, which the law calls family violence. An alleged criminal act can be considered family violence if the people involved have or once had family ties by blood or marriage. People without a biological, adoptive, or marital relationship can be charged with family violence if they:
- Were formerly married;
- Have a child together;
- Currently live together or lived together in the past;
- Are or were in a dating relationship.
A crime between roommates or housemates who do not have an intimate relationship can also be considered family violence.
Additionally, a crime can be family violence if it involves threats of physical harm, conduct that causes physical harm, or actions that produce a legitimate fear of physical harm, like stalking. Verbal abuse can be family violence if it produces a present danger and likelihood of physical harm.
Mandatory Arrest Based on Probable Cause
When the police respond to a call that they determine involves domestic violence, they almost always make an arrest. They do not need proof— just a reasonable belief based on their observations. In a case of alleged family violence, C.G.S. § 46b-38b requires the officer to arrest the person they perceive to pose the most serious ongoing threat.
It does not matter whether the alleged victim wants an arrest or agrees to press charges. Similarly, when there is evidence of domestic violence, a prosecutor must pursue the charge, even if the alleged victim refuses to cooperate.
When you are arrested, you will be taken to the local police station and booked. You are likely to be detained until your arraignment on the next business day. In some cases, a skilled Connecticut domestic violence defense attorney could arrange for you to be released prior to your initial court appearance.
Speaking with a Family Relations Officer
If you have posted bail or bond, or were released by the police on a Promise to Appear (also called a “PTA”), then you will be required to appear in a domestic violence trial at the nearest Connecticut court at 9:30 am on the next business day. While the courtroom does not open until 10 am, your criminal court case will not be called until the arraignment cases are heard by the judge around 11:30 am-12:00 pm. Before your arraignment, however, you are required to report to the Office of Family Relations so that a Family Relations Officer can interview you and conduct a quick risk-safety assessment of your case.
The Family Relations Office is located on the basement level in Danbury Court, the third floor in Stamford Court, and the first floors in the Norwalk and Bridgeport Courts. This approximately 20-minute assessment interview takes place primarily to provide the court with additional background information, as the arraignment court judge is required by law to determine what kind of protective or restraining order to issue in your case.
Know that the best lawyers typically will warn you that everything you say to a Family Relations Officer can and will be used against you, so be very careful what you share during this interview, and definitely consider having your lawyer sit with you during the Family Relations interview. The last thing you need is to say something during this interview that will hurt your chances of getting your criminal court case dismissed, or that will trigger a separate and unnecessary DCF Investigation against your family.
DCF Involvement Is Likely
Police are mandatory reporters under the law. That means that if an alleged incident of family violence involved a child under age 18, or if a minor child was present when the alleged domestic violence occurred, police will make a report to DCF. A social worker will open an investigation that proceeds separately from the family violence case. Attorneys at Mark Sherman Law are highly skilled in defending both criminal charges and intrusive DCF investigations in Connecticut.
Protective Order Hearings
Following your meeting with the Family Relations Officer, you will then be directed to the arraignment courtroom where a state prosecutor—called a State’s Attorney—will call your case (hopefully before the mandatory 1:00-2:00 pm lunch break). When your case is finally called, you will step up to the counsel table, and the judge will immediately begin discussing the parameters and conditions of the Connecticut Criminal Protective Order that will be issued during the pendency of your case.
As the best restraining order lawyers and attorneys appreciate, the criminal protective order hearing that takes place in Connecticut domestic violence court immediately following a domestic violence arrest usually proceeds in rapid-fire style. The judge will hear from all sides before issuing the protective order. Once the judge has heard everyone’s arguments, they will issue a Criminal Protective Order, which can come in three forms:
A Full No Contact Order
This type of protective order bars all contact between you and the alleged victim. You must maintain physical distance from them and cannot make contact through the phone, text, email, social media, or third parties.
If you share a home with the alleged victim you will need to vacate your residence. You can request the opportunity to remove belongings but this is usually done under police supervision. If you share children with the alleged victim, your contact with them may be restricted.
A Full or Residential-Stay Away Order
This type of order requires you to stay away from the alleged victim, including their home, workplace, and other places they frequent. Some forms of communication, like text messages or emails, may be permitted under some circumstances.
A Partial or Limited Protective Order (the least restrictive and most preferable order for you)
This type is the least restrictive and most preferable order for you. A limited order allows you to have contact with the alleged victim, including in-person contact. If you live together, a partial or limited protective order generally allows you to return to your home, but you must not threaten or harass them or engage in violence against them.
If you are unhappy with the type of protective order issued at your first court date for your domestic violence arrest, then ask a Connecticut lawyer about how you can modify the protective order or restraining order to avoid infractions and a trial.
The Importance of an Attorney
Some people who are going through a domestic violence arrest for the first time do not appreciate the significance of having a criminal arrest record and feel they can “just go it alone.” This misperception is exacerbated by some police officers who convince you that it’s not a big deal to receive a Connecticut Disorderly Conduct summons, or to have to appear in Connecticut domestic violence court trial for an Assault or Breach of Peace arrest. They explain that if you just tell the judge what happened, they will give you a warning or slap-on-the-wrist and close your case. Don’t be fooled by this police rhetoric. Cops say this to calm you down at the time of your arrest, to give you a false sense of comfort, all for the sole purpose of de-escalating your interaction with them during your arrest, as domestic violence arrests can sometimes escalate into very dangerous confrontations with the police.
Contact a Skilled Connecticut Lawyer for Help Avoiding a Domestic Violence Trial
Know that domestic violence arrests—no matter what the exact charge is—are always serious, as your arrest will show up on every employment background check or be sensationally published on the internet for months, or even years, if not handled properly by a skilled criminal lawyer. Reach out to the Law Offices of Mark Sherman today for help with your Connecticut domestic violence trial concerns.