Restraining Order Lawyer In a Connecticut Divorce

In Connecticut, domestic violence is also known as family violence(aka intimate partner violence of "IPV"). 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.

Laws and Definitions: Connecticut has specific laws that address domestic violence. The state defines domestic violence as physical, emotional, sexual, or economic abuse between family or household members. Connecticut General Statutes Chapter 815e contains the legal provisions related to domestic violence.

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.

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.

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.

Several organizations in Connecticut offer support and resources for domestic violence victims.

Three notable organizations are:

Domestic Violence Crisis Center ("DVCC") in Fairfield Count;

Connecticut Coalition Against Domestic Violence ("CCADV") offering throughout Connecticut. Both provide services such as emergency shelters, counseling, legal advocacy, and more for those affected by domestic violence.

YMCA of Greenwich Domestic Abuse Services (Greenwich, CT only)

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.