Connecticut has numerous laws protecting household members and families from domestic violence. Household members and family include parents, kids, spouses or former spouses, people related by blood or marriage, individuals who are or were dating, individuals who have a kid together, and individuals not related by marriage or blood who previously or currently stay in the same household.
Dissecting Connecticut Domestic Violence Laws
Several crimes constitute domestic violence in Connecticut. Suppose you commit any of these crimes under the Connecticut Domestic Violence and Sexual Assault Act. In that case, your court record will include a designation signaling that the conviction involves family or domestic violence.
Domestic violence often starts with threats from the abuser or defendant. A threat is a statement aimed at terrorizing the victim or causing them fear of physical harm. For penalty reasons, Connecticut has two degrees or stages of threats.
The first level deals with threats of the use of a firearm or hazardous substance to terrorize the victim. The second level entails all other threats aimed at terrorizing the victim or frightening them of impending and severe physical harm.
The abuser may actualize their aim after threats by physically assaulting their victim. There are three degrees of assault in Connecticut for penalty reasons.
First-Degree Assault
First-degree assault involves willingly or intentionally causing severe physical injury to a person through a deadly weapon, firearm, or dangerous instrument. The abuser displays extreme indifference to human life by intentionally causing severe and permanent disfigurement on their victim.
They may amputate or permanently disable someone else’s bodily organs. Their action causes a risk of death for the victim. It is a first-degree assault when a domestic abuser assaults a pregnant woman such that it leads to the termination of her pregnancy.
Second-Degree Assault
Second-degree assault includes intentionally causing severe physical harm to someone else. The abuser recklessly causes severe physical injury to their victim through a dangerous instrument or deadly weapon.
Their victim may become wholly or partially unconscious. They can become physically impaired. The abuser may drug their victim or use other unapproved means to perpetuate their despicable act.
Third-Degree Assault
Third-degree assault deals with intentionally or negligently inflicting physical injury on someone else. The abuser causes their victim physical harm through criminal negligence and deployment of a deadly weapon, electronic defense weapon, or dangerous item.
Other Domestic Abuse Crimes
The authorities can also charge domestic abusers with various degrees of sexual assault and other crimes apart from threatening and assault. This segment will shed light on the basic versions of the additional offenses. However, it is pertinent to add that the elements and penalties of these crimes may vary depending on their severity.
Harassment: Harassment entails addressing an individual with obscene or indecent language on the phone. Also, it deals with annoying, alarming, or harassing someone through a telephone conversation or written communication.
Strangulation: Strangulation refers to restricting the victim’s ability to breathe by grabbing their neck or throat recklessly.
Stalking: Stalking is repeatedly and willfully lying in wait for someone else and recklessly frightening them. The abuser threatens your physical safety.
Reckless Endangerment: Reckless endangerment means recklessly engaging in acts that heighten the risk of severe physical harm to someone else.
The Penalties for Domestic Violence in Connecticut
The degree of the crimes mentioned above determines their consequences. For instance, first-degree assault falls under Class B felony. However, if you assault a pregnant woman, leading to their pregnancy termination, you will serve Class A felony punishment.
First-degree threatening and second-degree assault fall under Class D felony, while second-degree threatening and third-degree assault fall under Class A misdemeanor.
Several factors influence the length of sentences in Connecticut. However, the maximum punishments for every class of misdemeanors and felonies include:
Class A misdemeanor: Up to $2,000 fines and a maximum of one year in prison
Class B misdemeanor: Up to $1,000 in fines and a maximum of six months in prison
Class A felony: Up to $20,000 fines and a maximum of 25 years in prison
Class B felony: Up to $15,000 in fines and a maximum of 20 years in prison
Class C felony: Up to $10,000 fines and a maximum of 10 years in prison
Class D felony: Up to $5,000 and a maximum of five years in prison
Obtaining Restraining Orders
Victims may apply for a civil restraining order to protect themselves from further abuse or violence from their abuser. The restraining order blocks the abuser from contacting them. However, they may demand a family violence protective order if a criminal proceeding is ongoing.
A civil restraining order is ideal for six months, but you can ask the court to extend it. A family violence protective order often lasts until the conclusion of a criminal proceeding, but the court can issue a Standing Criminal Restraining Order after the criminal proceeding. This order is effective throughout the victim’s lifetime, except if the court says otherwise.
“If someone breaches a protective or restraining order, they could face a Class D felony punishment,,” says attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.
Conclusion
Contact a local criminal defense attorney if you face a criminal charge. They will explore the options available to you and how they can lessen the severity of your punishment.
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