Domestic violence happens all too frequently in our country. According to the National Domestic Violence Hotline, intimate partner violence affects more than 12 million people each year. While the problem of domestic violence is all too real, there are also situations where allegations of domestic violence are entirely false.
In Connecticut, domestic violence includes all types of violence and threats of violence against a family member. Criminal charges for domestic violence may include assault, stalking, sexual assault, and risk of injury to a minor. Many people who are charged with domestic violence may also be the subject of a protective order.
At The Sills Law Firm, we advocate for clients charged with all types of Connecticut criminal offenses, including domestic violence. Our Waterbury criminal defense lawyers will fight to help you get the best possible outcome for the charges against you. To learn more or to schedule a free consultation, reach out to our law offices today.
What Are Domestic Violence Charges?
Domestic violence – or intimate partner violence – is a pattern of abusive behavior that is used by a person to gain or maintain power and control over their partner. It can include physical abuse, emotional abuse, sexual assault, financial abuse, psychological abuse, and other forms of violence or abuse.
In Connecticut, domestic violence may be charged as a crime when it occurs between family or household members and either causes physical injury or creates a fear that a physical injury is about to happen. A family or household member may include a current or former spouse or romantic partner, parents, children, people who share a child, people who live together, and people who are related by blood or marriage to each other.
Domestic or family violence crimes can be charged whenever a person allegedly either causes physical injury or threatens physical injury to a family or household member. Common crimes that may be charged as domestic violence include assault, kidnapping, stalking, sexual assault, disorderly conduct, and breach of peace. Depending on the facts of the case, a family violence crime may be charged as a misdemeanor or a felony offense.
These criminal charges can lead to a jail or prison sentence, fines and fees, probation, and/or community service. They may also impact divorce and/or custody cases. If you are facing criminal charges related to family violence, reach out to a Waterbury domestic violence defense attorney as soon as possible for legal advice.
Defending Against a Domestic Violence Charge in Waterbury, CT
Domestic violence charges are different from many other criminal offenses because it is often based on the word of one person. A prosecutor must also prove both the elements of the underlying crime and that it meets the family violence definition. Both of these facts leave room for a skilled Waterbury domestic violence lawyer to defend you against the charges.
For example, your attorney might argue that the allegations against you are false. Law enforcement is often obligated to make an arrest when responding to a domestic violence call. This can set off a sequence of events that ends with you on trial for criminal domestic violence.
If the alleged victim has recanted their allegation or said something to you over text that calls their story into question, it can be used in your defense. There may also be a witness who can tell a more accurate story about what happened. You might even have an alibi or photo or video evidence that proves that you could not have committed the crime.
In some cases, you might have been acting in self-defense or defense of another person. If the alleged victim was throwing things at you, for example, and you grabbed them to stop them, then this could be a defense to the criminal charges.
In each domestic violence case, a prosecutor must prove each element of the crime – such as assault. They must also prove that it falls within the definition of family violence – that you either caused physical injury or threatened to cause physical injury against a family or household member. If the alleged victim isn’t a family or household member or if you didn’t cause or threaten harm, that can defeat the domestic violence charge.
Because a conviction for domestic violence can have such serious consequences – including the loss of your right to bear arms – it is important to have aggressive legal representation. At the Sills Law Firm, we will analyze the factual and legal issues in your case to develop the strongest possible defense for you. We will then attempt to get the charges dismissed or reduced – and will take the case to trial when necessary to prove your innocence.
Domestic Violence Protection Orders
Any person who is a victim of family violence can seek a protective order against their alleged abuser. There are two main types of orders of protection: civil and criminal.
A restraining order is a civil order that a court can issue even if the alleged perpetrator has not been arrested. These orders typically instruct this person to not threaten, harass, stalk, or otherwise harm the alleged victim and to stay away from their home and workplace. A civil restraining order can stay in effect for up to a year.
If a person has been arrested for a crime involving domestic violence, then a court can issue a protective order as part of the case. Like a civil restraining order, the order will instruct the defendant in a criminal case to not threaten, harass, assault, or stalk the alleged victim and to stay away from the alleged victim. A criminal protective order can stay in effect until the court case is finished or the judge decides to change or revoke it.
Importantly, any violation of a protective order – even a civil order – is a separate criminal offense. If a restraining order has been issued against you, consult with a Waterbury criminal defense attorney as soon as possible to understand what limitations you may be under while the order is in effect.
Charged with Domestic Violence? We Can Help.
Domestic violence allegations can be devastating – and aren’t always true. If you have been charged with a family violence crime, we will put together a strong defense and help you achieve the best possible outcome.
At the Sills Law Firm, we represent people charged with all types of crimes in Connecticut, including those related to domestic violence. We work hard to help our clients get a favorable outcome, whether that means negotiating a favorable plea deal, getting the charges dropped, or taking the case to a jury. To learn more or to schedule a free consultation with a Connecticut domestic violence lawyer, give us a call at 866-971-3909 or fill out our online contact form.
