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People from all walks of life, men and women,
married couple and same-sex partners, get arrested for domestic
violence.
Family violence means a crime as defined
in section 53a-24 of the Connecticut General Statutes which,
in addition to its other elements, contains as an element thereof
an act of family violence to a family member and shall not include
acts by parents or guardians disciplining minor children unless
such acts constitute abuse." Conn. Gen. Stat. § 46b-38a
(3) (2003).
What is Connecticut
Domestic Violence?
In Connecticut, family violence "means
an incident resulting in physical harm, bodily injury or assault,
or an act of threatened violence that constitutes fear of imminent
physical harm, bodily injury or assault between family or household
members. Verbal abuse or argument shall not constitute family
violence unless there is present danger and the likelihood that
physical violence will occur." Conn. Gen. Stat. § 46b-38a
(1) (2003). Domestic violence can be an allegation of physical
violence causing minor injuries, or just a possibility of injury,
threats, restraining order violations, and stalking.
Who can be involved
in a Connecticut Domestic Violence Case?
Connecticut Domestic Violence charges include
violence against a spouse, a past or present boyfriend or girlfriend,
or family members. A family or household member "means (A)
spouses, former spouses; (B) parents and their children; (C)
persons eighteen years of age or older related by blood or marriage;
(D) persons sixteen years of age or older other than those persons
in subparagraph (C) presently residing together or who have resided
together; (E) persons who have a child in common regardless of
whether they are or have been married or have lived together
at any time; and (F) persons in, or have recently been in, a
dating relationship." Conn. Gen. Stat. § 46b-38a (2)
(2003).
Mandatory Arrests by
Officers
Whenever a police officer determines upon
speedy information that a family violence crime . . . except
a family violence crime involving a dating relationship, has
been committed within such officer's jurisdiction, such officer
shall arrest the person or persons suspected of its commission
and charge such person or persons with the appropriate crime.
The decision to arrest and charge shall not (1) be dependent
on the specific consent of the victim, (2) consider the relationship
of the parties or (3) be based solely on a request by the victim."
Conn. Gen. Stat. § 46b-38b(a) (2003). The Prosecutor charges
most cases involving serious injuries as felonies. You don't
have to actually break the law to get arrested, it is enough
that the police have probable cause to believe you committed
a crime.
The Truth About Connecticut
Domestic Violence/ CT Domestic Violence
Minor physical injuries count in a domestic
violence case. Nobody should ever suffer any violence whatsoever
at the hands of their spouse, family member, boyfriend or girlfriend.
No matter what one person says to another person, or how heated
a verbal argument, it is against the law to respond to words
with physical force. The prosecution will seek to introduce
evidence of prior domestic violence incidents whether or not
the incidents resulted in convictions.
Before a domestic argument reaches the point
where emotions are too high, leaving the presence of your partner
for a cooling off period is the only thing to do. Do not leave
repeated telephone messages for a person or call them at work
without their permission. Such calls can lead to criminal prosecution.
Even isolated incidents of waiting at a place you know your partner
is going to be, leaving letters or presents for them, or following
their car in your car just to talk to them in person can result
in your arrest for stalking. Many people in relationships walk
a thin line between "showing they care" and criminal
conduct.
What happens when a wife or girlfriend hits
first, her partner holds her to restrain her, and when a neighbor
hears the noise and calls the police the woman has accidental
bruises from a fall or where her partner grabbed her in self-defense?
The police then arrest one of them and put them in jail to end
the situation. Most times
the man goes to jail.
The partner who started the physical fight can rarely say anything
to the police to stop them from making the arrest. The partner
who is labeled the victim has little control over getting the
charges dropped. |