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Domestic Violence Attorney

Thanks to an attention from special interest groups and increased funding targeting spousal abusers, today’s domestic violence cases are more aggressively prosecuted than ever before. If you’re involved in a family law matter, you likely have many questions and are unaware of your legal options. We’ll help you navigate the challenging road ahead.

The experienced criminal defense attorneys at law office of Paoletti and Gusmano are skilled at defending domestic violence crimes in Connecticut, including charges such as

  • Assault
  • Threatening
  • Disorderly Conduct
  • Breach of Peace involving spouses and boyfriends/girlfriends

During your free consultation we will discuss your case and begin mapping out a defense. You’ll also learn about alternatives to incarceration or special programs so you can avoid the stigma of a conviction.

If you are charged or under investigation for domestic violence, please contact us immediately so we can provide you with an effective defense and legal counsel. What you do next can have serious consequences on the defense of your case.

Important Domestic Violence definitions:

 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.”

·         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.”

·         Family violence crime: “means a crime as defined in section 53a-24 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..”  

·         Restraining orders vs. protective order: “Restraining orders differ from protective orders in that the former are civil and can be issued without the accused person being arrested. Protective orders in a family violence situation are criminal and are issued after the accused has been arrested for committing a family violence crime.”  

 

Protective Orders

 

 

·         Protective orders in a family violence situation: "are criminal and are issued after the accused has been arrested for committing a family violence crime.”

·         Arrest: “Whenever a peace 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.”

·         Firearm at scene of domestic violence, “Whenever a peace officer determines that a family violence crime has been committed, such officer may seize any firearm or electronic defense weapon, as defined in section 53a-3, at the location where the crime is alleged to have been committed that is in the possession of any person arrested for the commission of such crime or suspected of its commission or that is in plain view. Not later than seven days after any such seizure, the law enforcement agency shall return such firearm or electronic defense weapon in its original condition to the rightful owner thereof unless such person is ineligible to possess such firearm or electronic defense weapon or unless otherwise ordered by the court.”

·         Protective Order: “Each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include, but not be limited to: (1) Procedures for the conduct of a criminal investigation; (2) procedures for arrest and for victim assistance by peace officers; (3) education as to what constitutes speedy information in a family violence incident; (4) procedures with respect to the provision of services to victims; and (5) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. Such procedures shall be duly promulgated by such law enforcement agency.”