Empowered by the Federal Violence Against Women Act, Connecticut has developed sturdy laws that severely punish domestic violence offenders, protect victims of abuse, and offer resources to assist those directly affected.
Domestic violence may take the form of physical abuse, emotional abuse, sexual abuse, and the use of threats. Any of these acts committed against a spouse, former spouse, child, or family member qualifies as a charge under domestic violence.
If you are charged with a domestic violence case, here are the essential things you should know before you appear in court.
Rights of an Accused
The famous “innocent until proven guilty” applies extensively in such cases as in any other criminal case.
Domestic violence is a cognizable offense in Connecticut with a Mandatory Arrest Policy. This simply means that the police can arrest you if they believe you are committing an offense. For example, if you break a restraining order taken against you, you will instantly be arrested.
Akin to most crimes in the US, domestic violence does not favor repeat offenders. A prior conviction will easily enhance a charge from a misdemeanor to a gross misdemeanor.
Penalties for Domestic Violence
Connecticut General Statutes §53a-40e enhanced the sentences for individuals charged with this offense. The jail time for domestic violence is extended. You may be sentenced differently depending on the specific charge, but anything in this class will carry a harsh sentence.
Example: Family Therapy is an Option
Certain first-time offenders can be recommended to family therapy under Connecticut law. The overall aim of such a program is to ensure that the offenders grasp the harms of domestic violence and that victims are presented with tools to prevent future attacks.
The Expansion of the Law
There are numerous provisions for protection against domestic violence in Connecticut. First, there is capacity building for nurses and law enforcement officers to equip them with the necessary reporting skills for any suspected domestic violence cases. They must also remain vigilant and identify instances of violence as soon as they occur in public.
The statutes in Connecticut have gone further to widen the legal definitions of the aspects considered as domestic violence, which were not initially included. For instance, the advent of the new digital age has led to the inclusion of cyberbullying and stalking as forms of domestic violence.
If you are charged with domestic violence, the following are the primary defenses you may use:
- Self-Defense: If you were protecting yourself, the court will have you prove that you believed a threat to your life was imminent.
- Defending Others: You may be protecting your children from a violent spouse or parent, which could result in unintentional harm to your partner. Describing such a situation to the court will present a solid defense.
- Lack of Intention: You may have accidentally caused harm to a family member. The law will not punish you for an accident.
The law allows the prosecution to proceed even if the complainant drops the case against you.
Is it Necessary to Have a Lawyer?
It is difficult to navigate through the complexities of a domestic violence defense on your own. However, an attorney will effectively prepare you by collecting evidence for your case, maintaining correspondence with the other party, advising you on your rights, and interacting with law enforcement officers.
Why Legal Representation is Crucial
A skilled domestic violence attorney can help protect your rights and ensure that the legal proceedings are as fair as possible. With charges as serious as domestic violence, a lawyer will review the details of your case and help you craft a strong defense strategy.
An experienced attorney can advocate for alternatives to jail time, such as counseling or community service, and help you understand the full scope of your legal options. Handling such sensitive charges without professional legal counsel could leave you vulnerable to mistakes, but with the right representation, you’ll have a much better chance of achieving a favorable outcome.
