Jennifer’s Law Recognizes “Coercive Control” as Domestic Violence

In Connecticut, domestic violence is also known as family violence. Domestic violence occurs when there is an altercation or attack between either family or household members, which causes physical injury or threatens physical injury. Family or household members may be people who are related, married, previously married, people who live together, have a child together, or people who are dating or who have dated.

Domestic violence law in Connecticut does not address simple verbal arguments or emotional anguish unless there is a present danger that there will be physical violence. A parent disciplining a child is not considered domestic violence.

In Connecticut, there are a few crimes that are commonly associated with domestic violence. These crimes vary in complexity and are handled very differently depending on the context of the offense in question. Crimes that are frequently charged as domestic violence offenses include:

1. Disorderly conduct
2. Breach of the peace
3. Assault
4. Sexual assault
5. Threatening
6. Unlawful restraint
7. Strangulation
8. Risk of injury to a minor
9. Unlawful restraint
10. "Coercive Control"**

** A new statutory definition in Connecticut as of 2021 (see Jennifers' Law)

If you or a loved one is a victim of domestic violence, know that there are special types of protection available. Depending on the facts of the case, a court can issue protective orders, restraining orders, or a standing criminal protective order. All of these orders prevent the defendant from having any contact with the victim. If they do have contact with the victim, they can be charged in court with not only the original crime committed but violation of the order as well.

Protective Orders are typically issued in cases wherein the defendant has been arrested for assault, stalking, harassment, sexual assault, threatening, or risk of injury to a child. A protective order prevents the defendant from engaging in specific behaviors toward or around the victim. These protective orders remain in place until the court releases the order or a criminal case is complete.  Protective Order only apply to non-family and non-members of a the household and are issued by the Criminal Court.  Protective order involving family and extended family members are specifically handled by the Family Court Division.

A Restraining Order is similar to but different from a protective order. Any person or family member who has been threatened with physical pain or injury may apply to the Superior Court for a restraining order against the person who is threatening them. The restraining orders are civil orders that do not require the threatening person to be arrested. The court can issue these orders without the defendant being in custody. Depending on the circumstances, the restraining order may prohibit the person who has threatened the individual not to restrain, threaten, harass, assault, molest, or attack the victim or go near the victim's home or other family members. These types of orders may also apply to the victim's children in certain instances. It is up to the court's discretion to determine how long the restraining order should last, and it may last for up to one year. After the one-year period, the victim can apply for more time, and the court could extend the order if it feels that doing so is necessary.

Finally, once the defendant has been convicted of a crime, the criminal court can issue a standing criminal protective order. The standing criminal protective order is very similar to a protective order, but it is issued by a criminal court and utilized after the defendant is convicted of a crime against the victim. A standing protective order can also be kept in place for as long as the court decides, and the court may decide to extend or revoke the order at its discretion, depending on the circumstances.

The penalties for domestic violence greatly depend on the crime charged and the complexity of the situation involved. A domestic violence crime could be classified either as a misdemeanor or a felony. In either instance, it is likely that any serious domestic violence conviction will go on a criminal record, and it will be searchable by employers and other people interested in viewing such records.

There may also be fines, jail or prison time, and other consequences, such as probation or long-term monitoring handed down as elements of a DV-related sentence. In cases that involve sex crimes, the accused may also have to register with the state as a sex offender on a database that is searchable by the public. In many cases, registration on the list is an ongoing event and must be confirmed by the offender on a quarterly or yearly basis.

The legislature and court system in Connecticut have created a program that may prevent a defendant from going to trial in certain instances. This program is called the Family Violence Educational Program, or FVEP for short. This program, which is available to eligible defendants, provides education about family violence in lieu of sending certain offenders to trial. If you are interested in learning about whether you qualify for this program, speaking with an experienced attorney is a great place to start.

In order to determine whether you qualify for this program, you must first submit an application to the court. The court will weigh all of the relevant circumstances to see if you qualify based on the nature of the offenses committed. If the request is granted, you will then have to attend nine ninety-minute sessions, which all are focused on reducing family violence.

Upon completion of the program, as well as any other requirements the court has deemed necessary during the time period prescribed by the court, the court will likely dismiss the charges against you. These classes will likely be located near where you live, as they are offered by licensed community providers.

Connecticut is a mandatory dual arrest state. This means there is a statute in place which requires law enforcement officers to make an arrest any time they are called to investigate a domestic violence offense, as long as they find probable cause of a crime. It is a requirement by law that law enforcement officers make the arrest, so even if the victim does not want to press charges, the law enforcement officers will still make the arrest.

The probable cause of a crime committed may result from statements from neighbors or witnesses to the events of domestic violence. This statute was designed to protect victims who have been threatened after calling law enforcement by requiring law enforcement to make an arrest if probable cause that a crime has been committed exists.

After the initial complaint and the charges have been filed against the defendant, you may wonder if the victim can have the charges dropped by the prosecutor. The answer is no. The victim cannot request to have the charges dropped against the defendant. This arrangement exists for the safety of all victims. Studies have shown that it is very common for a victim to request to have charges dropped against the defendant, only to have the defendant abuse them again. Even though they may want to reconcile, the courts will not allow this to happen.

It is important to remember that the state of Connecticut is prosecuting the defendant on behalf of the people of the state of Connecticut, so they want the public to be kept protected and safe from the defendant. The Courts have concern not only for the safety of the victim but for the safety of the victims that the defendant may also encounter if they are not properly punished for their first act of domestic violence.

If you are a victim of a case of domestic violence, it is important to have a Connecticut domestic violence lawyer on your side to help you navigate what the next steps should be and how you should handle them. The domestic violence lawyers at Needle I Cuda understand that it can be a very overwhelming time for you, and we can help you get the care you deserve. Contact our team of attorneys by calling 203-557-9500 or visiting us online.

Once a domestic violence arraignment takes place after a domestic violence arrest, the court will likely impose a protective order on the defendant who has been charged. Depending on the type of charge, the court will impose whichever order will most likely provide the best support and protection for the victim. Many times, after this protective order is issued, a victim will want the court to cancel or otherwise modify the protective order to allow specific contact with the defendant.

The Courts want to impose these protective orders to protect victims and allow defendants a cooling-off period. Courts are not very concerned with accommodating victims and allowing them to choose their level of protection. In order to ensure the proper amount of protection for the victim, the court and the Office of Family Relations review the facts of the case, and they make a recommendation for the level of protection to be imposed for the victim’s benefit. By looking at the situation from a neutral lens, the courts and the Office of Family Relations are able to make an objective decision.

In the end, a victim cannot have the protective order modified or canceled. However, a victim is able to petition the court to strengthen or lengthen the terms of a protective order.

If you have a protective order against you and the victim tells you they have had the order canceled, you should not believe them. The victim cannot cancel a protective order or have it shortened. Only the court has the ability to change or modify an order.

Under the law, as long as there is a no-contact order, you cannot have any contact with the victim, even if they initiated the contact. If you do violate a no-contact order, you may be charged with a class D felony, which carries a potential sentence of five years in jail. Do not let the victim fool you; only the court can modify a protective order once one is in effect. If you have been contacted by a victim who has a protective order against you, you should contact an attorney immediately. They will help to ensure that you do not violate your protective order, and they will have the court clarify that the victim cannot try to contact you any longer.

If the court has imposed restrictive conditions of release while you have a domestic violence case pending against you, you may be able to get the requirements modified. In certain instances, the court will require a defendant to attend classes, therapy, or other meetings. If these obligations conflict with your work schedule and are considered to be unduly burdensome, these requirements may be modified.

For example, if a defendant has private health insurance that will pay for treatments with a therapist or other classes, it may be possible to modify release-related conditions to allow a defendant to seek assistance via their private health insurance. Or, if the defendant works a specific schedule and is routinely unable to go to the required class because of the job they hold, a modification may be in order. In these cases, the judge may allow for a substitute of another class or other types of therapy in place of the original conditions of release.

In order to modify the conditions of release, we must petition the court to allow you to change the conditions of release. It is completely up to the court as to whether it will agree to modify the conditions of release or if it will choose to keep them the same as they were originally issued. The court will look at all of the circumstances of the original charge as well as the progress that has already been made when considering if it will allow the modification. If you would like the court to modify your conditions of release, it is important to be on your best behavior and complete as much of the program as possible until the court can decide on your modification request. Having an attorney help you petition the court will give you your best chance of modification-related success.

If you have been charged with a domestic violence offense, you may be wondering whether you will be required to serve jail time. Again, the court will look to all of the surrounding circumstances and the specific facts of the case at hand, but it is up to the court to determine the punishment of the defendant. In many cases we have handled, there is a very high chance that your case will be resolved without the imposition of a jail sentence.

However, just because you do not face a jail sentence doesn’t mean that a domestic violence conviction will not go on your criminal record and have other effects on your life, both personally and professionally. In addition to a criminal record, a criminal conviction can have adverse effects on your employment prospects, educational goals, housing options, and immigration status.

You may also face other penalties besides jail time. These may include a lengthened protective order or probation time, as well as fines and other punishments. If you are looking to avoid jail time, your best chance of achieving this goal will be engaging an experienced attorney to aggressively advocate on behalf of your rights and interests.

As soon as you are arrested for a domestic violence crime, it is essential that you remain silent. You have the right to refuse to answer any questions asked by law enforcement as well as the Office of Family Relations. We have seen cases turn on even the smallest turn of phrases uttered by the accused. Don’t let this happen to you. Even if law enforcement officers try numerous times in numerous ways to get you to answer a question, you can keep refusing to answer the question until your lawyer is present.

The next step is to request to speak with a domestic violence attorney. The lawyers at Needle I Cuda are trained to speak with law enforcement and prosecutors, as well as the Office of Family Relations. Our experienced attorneys have the knowledge to know what to say and how to say it so that every word benefits your case and your interests. Let your attorney do the talking for you. When you request to call your attorney, call us at 203-557-9500, and we will be there for you. Do not speak with law enforcement or the Office of Family Relations without us by your side.

Next, if you are able, you will want to document any injuries you have received or any injuries sustained by the victim. If you need to seek medical attention, please take the time to seek medical attention. This is imperative, and it can be useful in your case later. By seeking medical attention right away, it will help us connect the injuries with the domestic violence occurrence. By documenting any other injuries or damage to property, we may be able to show that it was not your fault or that you did not have a role in the situation. With the technology that we all carry with us in our smartphones, this type of evidence may be easily produced, and it can be invaluable down the road.

Finally, when dealing with law enforcement, it is ideal to remain calm, cool, and collected. Be polite and insist upon exercising your right to remain silent and consult with an attorney. We are here for you if you need us.

If you have been a victim of domestic violence, it is important to understand that none of this is your fault. Domestic violence can be a very terrifying situation, and we want you to be able to remain calm and get the help you need. Your first step should be to call law enforcement to help you out of your current situation. They will be able to remove you from the situation and give you a safe place to be until you can put your thoughts together.

If you have been injured, it is very important to document your injuries and seek medical attention as soon as possible. This can help make sure the person who caused the injuries to you is held accountable for their actions. By having pictures or video of the injuries you have sustained, it will help the prosecution prove the case against the person who hurt you.

The prosecutor’s office and the Office of Family Services will make sure you have a safe place to go, as well as provide any other types of services you may need. The Office of Victim Services will likely be put in contact with you in order to help you find the help you need during this difficult time. It can help you find counselors and therapists as well as seek medical treatment and a safe place to stay for you and your children or other affected family members.

You may be very confused and intimidated by the court process. This is normal. It can be very confusing and overwhelming for people who do not deal with it every day. We are here to work with you and help you understand how you will be protected. Our attorneys are ready to stand by your side and help you through the entire process.

As soon as you are arrested for a domestic violence crime, it is essential that you remain silent. You have the right to refuse to answer any questions asked by law enforcement as well as the Office of Family Relations. We have seen cases turn on even the smallest turn of phrases uttered by the accused. Don’t let this happen to you. Even if law enforcement officers try numerous times in numerous ways to get you to answer a question, you can keep refusing to answer the question until your lawyer is present.

The next step is to request to speak with a domestic violence attorney. The lawyers at Needle I Cuda are trained to speak with law enforcement and prosecutors, as well as the Office of Family Relations. Our experienced attorneys have the knowledge to know what to say and how to say it so that every word benefits your case and your interests. Let your attorney do the talking for you. When you request to call your attorney, call us at 203-557-9500, and we will be there for you. Do not speak with law enforcement or the Office of Family Relations without us by your side.

Next, if you are able, you will want to document any injuries you have received or any injuries sustained by the victim. If you need to seek medical attention, please take the time to seek medical attention. This is imperative, and it can be useful in your case later. By seeking medical attention right away, it will help us connect the injuries with the domestic violence occurrence. By documenting any other injuries or damage to property, we may be able to show that it was not your fault or that you did not have a role in the situation. With the technology that we all carry with us in our smartphones, this type of evidence may be easily produced, and it can be invaluable down the road.

Finally, when dealing with law enforcement, it is ideal to remain calm, cool, and collected. Be polite and insist upon exercising your right to remain silent and consult with an attorney. We are here for you if you need us.

If you have been a victim of domestic violence, it is important to understand that none of this is your fault. Domestic violence can be a very terrifying situation, and we want you to be able to remain calm and get the help you need. Your first step should be to call law enforcement to help you out of your current situation. They will be able to remove you from the situation and give you a safe place to be until you can put your thoughts together.

If you have been injured, it is very important to document your injuries and seek medical attention as soon as possible. This can help make sure the person who caused the injuries to you is held accountable for their actions. By having pictures or video of the injuries you have sustained, it will help the prosecution prove the case against the person who hurt you.

The prosecutor’s office and the Office of Family Services will make sure you have a safe place to go, as well as provide any other types of services you may need. The Office of Victim Services will likely be put in contact with you in order to help you find the help you need during this difficult time. It can help you find counselors and therapists as well as seek medical treatment and a safe place to stay for you and your children or other affected family members.

You may be very confused and intimidated by the court process. This is normal. It can be very confusing and overwhelming for people who do not deal with it every day. We are here to work with you and help you understand how you will be protected. Our attorneys are ready to stand by your side and help you through the entire process.

Maybe you have seen some strange behavior exhibited by a loved one or a friend that may point to the fact that they are either a victim of domestic violence or they’re a domestic abuser. It is important to know the signs, so you are able to help them in a time of need. By knowing the signs, you can be there when they need you and help them out of a situation before it gets worse.

The cycle of domestic violence is commonly broken down into three phases. The first phase is the tension-building phase, the second is the violent episode phase, and the third is the remorseful/honeymoon phase. These phases can vary in length depending on the length of the relationship and other factors contributing to its evolution. When the third phase is complete, the cycle usually begins again.

First

The first phase is tension building. Usually, the victim in these situations begins to feel angry, treated unfairly, hopeless, tense, afraid, embarrassed, depressed, and humiliated. This may be observed in their outward behavior, by being very submissive, being afraid to express feelings, or a feeling of walking on eggshells. Oftentimes in this phase, victims will turn to alcohol or drugs to help numb the pain and disguise the problem. If you see a friend or loved one start to show these signs, it may be a good idea to have a conversation with them and ask if you can help.

In the first phase, the abuser starts to feel tense, frustrated, jealous, and disgusted by the victim. These feelings can be observed in behaviors including being verbally abusive, silent, overly controlling, possessive, demanding, and arrogant. The abuser may also turn to alcohol and drugs to suppress these feelings.

Second

The next phase, phase two, is the violent episode. In phase two, the victim will likely feel trapped, helpless, frightened, and may become numb to certain types of verbal and physical abuse. In many cases, this may manifest as trying to make themselves smaller, remove themselves from the situations, physical illness, seeking help, and trying to get away. Victims may even try to protect themselves.

As an outside observer of the relationship, you may notice bruises or scars on the victim. They may not want to talk about the incident, and they may even try to hide it. If you can, it may be in the victim’s best interest if you can help them to seek professional help. Don’t try to get revenge on their behalf or cause them to be hurt worse. Contacting law enforcement or an experienced therapist can help more than you know.

During the second phase, the abuser typically feels angry or enraged, frustrated, and that they are right. This trend may manifest via dangerously violent behavior, hurting the victim or other people, spiraling out of control, irrational behavior, or an overwhelming desire to hurt or kill someone or something. Again, if you witness someone in this phase, it is best not to intervene and to contact law enforcement instead. If you try to intervene, you are placing yourself at risk and may cause greater harm.

Third

Finally, the third phase is the remorseful phase. During this phase, the victim may feel relieved, resentful, guilty, hopeful, or they may be angry or even in denial that the incident ever happened. This shift may be observed in behaviors like offering excuses for the abuser, withdrawing from social groups and gatherings, promising the situation will change, and trying to solve or prevent the problem from happening again. Even after the incident has occurred, it is important to offer help to the victim and find them professional help.

The third stage will look different for the abuser. During the third stage, the abuser will be apologetic, remorseful, self-righteous, and possibly unable to understand why the victim is hurt. Typically, they will blame the victim or others for the problem, and they may promise to change or continue to use drugs or alcohol to numb the pain. If you see these behaviors, you can still contact law enforcement and help protect all involved.

Knowing the three phases of domestic violence can help you spot it and help those involved before it is too late.