Conditions of Release After a Connecticut Domestic Violence Arrest
Once you are arrested and booked for a domestic violence crime, or after you have been given a summons ticket to appear in court, the police may require you to sign and agree to certain “Conditions of Release” before you are released from police custody. Conditions of release are intended to ensure the safety of the accuser before the restraining order hearing that takes place at your first Connecticut domestic violence court date, which occurs on the next business morning.
The time between your arrest and your first court date is usually very brief—usually just one or two days. Then, once you appear in Connecticut court for your first domestic violence court appearance, the judge will issue a restraining order and possibly order new conditions of release such as anger management counseling, no alcohol consumption, random urine testing, and drug and alcohol counseling.
What Are Typical Conditions of Release?
During your arrest for a domestic violence crime in Connecticut, a police officer can essentially issue any condition of release that they deem reasonable and appropriate, without you having a chance to argue or be heard. These conditions are temporary until your restraining order hearing, where you and your defense lawyer could argue against these conditions.
Typical conditions of release in domestic violence crimes revolve around two things: 1) your contact and communications with the accuser, and 2) your mental and physical health. In moderate to serious arrests, conditions may include being ordered by the police not to have any kind of contact whatsoever with the accuser.
Alternatively, the court may permit contact, but forbid you from entering the home of the accuser—even if you own the house, pay the rent, or pay the mortgage. Other conditions could also be imposed, including:
- Restricting visitation or contact with your own children
- Forbidding the consumption of alcohol
- Restricting you from leaving the state
- Forbidding you from possessing a firearm
As far as mental health conditions go, a court may also order conditions such as drug and alcohol counseling, anger management counseling, and random drug testing.
Violating These Conditions
Any violation triggers arrest in Connecticut for the crime of violating the Conditions of Release, and this charge is separate from your underlying domestic violence arrest and will carry a whole new set of penalties. Depending on the allegations, this crime can be classified as either a felony or misdemeanor, which means an arrest for Violation of Conditions of Release can carry up to five years in jail in certain cases. Note that this charge is separate and distinct from an arrest for Violation of a Criminal Protective Order under CGS 53a-223b.
Fighting a Violation
If you are arrested for Violation of Conditions of Release, then a domestic violence attorney should start building your defense by examining all of the evidence, including:
- Any verbal or electronic communications made by the accuser, including emails, text messages, and phone records
- Police reports documenting the violations
- All surveillance evidence that may be relevant to the alleged violation
Your Connecticut lawyer should also consider whether you were clearly put on notice by the judge or a translator—in your native language—of the conditions of your release for a domestic violence arrest. The reason this is important is that to be convicted of violating conditions of release, your violation must be intentional. It is not enough to accidentally violate the conditions.
Modifying Conditions of Release
Your conditions of release terminate and expire upon the earlier of two events: 1) the dismissal or nolle of your case, or (2) an order from a judge that modifies or terminates the conditions of release. If you are interested in making a motion to modify or terminate any condition of release in your domestic violence arrest, then you should contact a Connecticut attorney right away.
A motion to modify a condition of release is challenging, as the motion is usually reviewed by the judge, prosecutor, bail commissioner, family relations officer, and the accuser (or their attorney). Therefore, you should make sure you and your attorney make the strongest legal and factual arguments for modification or termination of the conditions of release at issue.
Contact a Connecticut Lawyer About Conditions of Release After a Domestic Violence Arrest
Domestic violence cases can get quite complicated when conditions are imposed upon you, which, if violated, can result in additional domestic violence arrests. The Connecticut domestic violence attorneys at our firm have years of experience in litigating these conditions of release, modifying them, and terminating them when they are getting out of hand.
We are also skilled in fighting wrongful arrests for improper Violation of Conditions of Release arrests that are brought against our clients. So if you have been arrested for Violation of Conditions of Release, call us today to speak with an experienced defense attorney.