Connecticut Family Law on Domestic Violence

In Connecticut, domestic violence occurs when a member of a family or household is guilty of inflicting or threatening to inflict abuse on another member. While the state of Connecticut doesn’t have a specific domestic violence charge, it is often attached to other offenses that fit the criteria.

Whether you’ve suffered abuse or stand accused of a family violence crime, it’s important to know the Connecticut domestic violence laws and how they work. In this article, we’ll explain different types of protection orders, the protocols law enforcement operates under when responding to a domestic violence dispute, and what changed with the passing of Jennifer’s Law in 2021.

Read on to gain a better understanding of how domestic violence is handled under Connecticut law.

Connecticut Law and Family Violence

Whether it’s referred to as domestic violence or family violence, abuse of a family member or a person in a household is not tolerated in Connecticut. To qualify as domestic violence, certain conditions must be met.

Who Is Considered a Victim of Domestic Violence?

Domestic violence laws come into play when there’s abuse between members of a family or a household. The severity of the penalties ranges from misdemeanors to felonies. The type of charge depends on many factors, including the seriousness of the crime.

For an offense to be considered domestic violence in Connecticut, those involved must each be one of the following:

• Spouses or ex-spouses
• Parents or their children
• Related by blood or marriage, such as in-laws or step-children
• Living together or have lived together
• Have at least one child in common
• Dating each other or have dated

If no qualifying relationship exists, the crimes committed don’t vanish. The offenses are charged without additional domestic violence penalties. In this situation, victims of certain crimes can still apply for a civil protection order.

Domestic Violence Charges

Under Connecticut law, domestic violence is not a stand-alone charge. It’s attached to particular crimes committed between people who meet the relationship qualifier.

Domestic violence comes in many forms. It can be:

• Emotional abuse
• Sexual abuse
• Stalking
• The continuous threat of physical abuse and physical injuries
• Economic control
• Using coercion to deprive free will and personal liberty
• A pattern of threatening or a pattern of behavior that focuses on abuse and control

Victims can be of any gender or age. Penalties can be enhanced if the victim is a minor.

Crimes that are common under the domestic violence umbrella include:

• Assault
• Disorderly Conduct
• Threatening behavior
• Sexual Assault
• Stalking
• Strangulation/Suffocation
• Violation of a Protective Order/Restraining Order

Other crimes are eligible to be considered family violence as well. In general, penalties for offenses that are deemed domestic violence crimes are more severe than those for the same offense between two people who don’t know one another.

Police Procedure

When law enforcement responds to a call that involves opposing claims of domestic violence, they are encouraged not to arrest both people involved. Peace officers evaluate each complaint to determine who is the dominant aggressor. Factors they will consider are:

• The need to protect victims of domestic violence
• Whether someone acted in self-defense or the protection of another
• Any injuries and how severe they are
• Threats of physical harm, physical violence, and physical injuries
• History of family violence, if available

While dual arrests are permitted, the peace officer will usually arrest the one they consider the dominant aggressor. Law enforcement in Connecticut is required to arrest a person who commits a domestic abuse crime, even if the victim doesn’t want to press charges.

Jennifer’s Law

Passed as Senate Bill 1091 (SB 1091) in 2021, Jennifer’s Law was named in honor of Jennifer Dulos and Jennifer Magnano, victims of domestic violence crimes. In addition to other legal aspects, SB 1901 was responsible for:

• Creating a firm state definition of domestic violence
• Introducing criminal charges for the violation of protection orders
• Providing alternate means for domestic violence victims to give testimony
• Creating a grant program to provide free legal assistance to applicants suffering financial hardship
• Establishing tenant regulations to aid domestic violence victims, such as requiring landlords to change locks
• Allowing victims of coercive control to be eligible for civil restraining orders

Opponents of Jennifer’s Law have voiced concerns that it can allow the infringement of the rights of the accused through the court system and cause prejudicial bias in child custody decisions.

Protections for Connecticut Domestic Violence Victims

There are a number of different protections available for victims of domestic violence crimes. Connecticut’s Address Confidentiality Program allows victims to keep new locations hidden through a substitute mailing address. The ACP also allows marriage certificates and voting cards to remain confidential.

Which one a victim applies for depends on the situation and whether or not an arrest has been made. Civil orders are filed by the victim, while criminal orders are issued by the court.

Civil Orders of Protection/Restraint

Civil orders are filed by the victim or the victim’s guardian at a municipal court. Most cases are seen before a judge within seven to 14 days. If law enforcement feels there is an imminent danger from the abuser, a judge can grant an ex parte ruling to put an order in effect immediately. The alleged abuser (respondent) does not have to show up to court, but they are notified of the order.

• Civil Restraining Orders: Civil restraining orders are for cases involving family violence that may not have ended with an arrest. Offenses include physical abuse, sexual abuse, sexual assault, stalking, and coercive or threatening behavior from a family/household member.
• Civil Protection Order: Civil protection orders are for sexual abuse, sexual assault, or stalking committed by someone who is not a family/household member. They offer much the same protection that a civil restraining order does.

Both civil restraining orders and civil orders of protection last for one year. A court can extend the lifespan of an order. Connecticut also honors protection orders from other states, known as foreign orders of protection.

Criminal Orders of Protection

Criminal protection orders are issued by the court, often at arraignment for criminal cases. In most instances, they expire when the trial is concluded.

• Criminal Protective Order (Criminal Order of Protection): Criminal protective orders are for victims of any crime considered to be family violence. The accused does not need to be a family/household member. These stay in effect during the length of the court hearings.
• Standing Criminal Protective Order: Standing criminal protective orders are criminal protective orders that have been extended after the trial’s conclusion. These are used for severe cases where the court feels there’s still a considerable threat to the victim.

All protective orders are added to Connecticut’s Protection Order Registry. Law enforcement is alerted when someone involved with any protection order lives in their jurisdiction.

In addition, the Violence Against Women Act (VAWA) offers protection at a federal level. Among other restrictions, it makes it illegal for offenders to cross state lines to harass their victims.

Protective Order Violations

Violating any type of protective or restraining order can incur severe penalties. Entering a building that’s protected through an order is a class A misdemeanor, with up to a year in jail and a fine of up to $2,000.

An abuser who either violates the order themselves or has someone else do it faces a class D felony. Prison time is up to five years, and the fine is up to $5,000. If the victim is restrained, assaulted, or threatened, it becomes a class C felony with up to 10 years in prison and a fine of up to $10,000.

Connecticut Domestic Violence Laws: Summary

The table below recaps what you learned above and adds the pertinent Connecticut statutes for domestic violence offenses.

Note: State laws are subject to change through passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Connecticut domestic violence attorney or conduct independent legal research to verify Connecticut state laws.

Connecticut Family Violence Laws: Additional Resources

• Domestic Violence: How To Get Help
• Connecticut Legal Requirements for Divorce
• Connecticut Coalition Against Domestic Violence
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Filing a Domestic Violence Lawsuit

Questions About Domestic Violence Charges in Connecticut? Speak With an Attorney

What is domestic violence? It’s one of the most traumatic things some people will ever experience. There are no winners, and the effects can be life-altering. If family violence has become part of your life, it might be time for professional legal help.

If you’re a victim of domestic violence, speaking to a Connecticut family law attorney can make a big difference. They can help you get somewhere safe, make sure you understand available protections, and offer legal advice moving forward.

For those accused of a crime that involves family violence charges, having someone who knows Connecticut law is essential. A Connecticut criminal defense attorney can review your case, outline your options, and help you achieve the best outcome possible.