Statistics show that as many as 10 million people experience domestic violence annually in the US. Experts believe that this number is conservative, as millions of domestic violence cases go unreported.
All states, including Connecticut, take domestic violence cases very seriously and have laws prescribing criminal penalties for convicted offenders. Though the laws serve a noble purpose, they can also be used against innocent people by individuals hoping to get back at them.
If you or your loved one is a victim of domestic violence or has been falsely accused, contacting expert attorneys, such as attorney Mark Sherman, can be beneficial for you. Such professionals help you navigate the legal landscape in an efficient manner.
With that being said, here is everything there is to know about domestic violence law.
What Is Domestic Violence?
Domestic violence, also referred to as family violence under Connecticut law, is a broad term covering a wide range of abusive behavior directed towards a person by another person in a familial relationship with them or by a member of their household.
The perpetrator can be a parent, spouse, ex-spouse, fiancée, boyfriend/girlfriend, uncle, or a close family friend. It encompasses actions that involve physical violence, sexual abuse, emotional abuse, and psychological abuse.
Is Domestic Abuse a Misdemeanor or a Felony in Connecticut?
Family violence offenses can be a misdemeanor or a felony, depending on the circumstances. Charges are applied for the underlying offense, so if it’s an assault, you can face a misdemeanor or a felony charge, depending on the severity of the assault.
Minor offenses like stalking and threatening often result in misdemeanor charges punishable by not more than a year in jail and fines not exceeding $2,000. Threatening on school property attracts a class D felony charge with penalties of up to four years and fines of as high as $5,000.
Crimes involving physical violence have a high chance of resulting in felony charges, for example, assault. The most severe assault cases are often charged as class B felonies with penalties of up to 25 years in prison and fines of up to $20,000.
Consequences beyond Criminal Penalties
The consequences of a conviction for family violence in Connecticut extend beyond criminal penalties. First, a conviction becomes public information and will appear on all background checks. This means it can increase your chances of getting a job or accommodation.
It can also stand in your way of getting child custody. Courts consider a child’s best interest when assigning child custody, and the other parents can use the record as evidence of your unsuitability. You also stand to lose some of your civil rights, such as the right to bear arms or vote.
Can I Expunge a Domestic Violence Conviction in Connecticut
Like many states, Connecticut has a “clean slate” law. The law allows for the erasing of some convictions from the public record after satisfying all sentence requirements and waiting a specific period. Unfortunately, this law doesn’t apply to domestic violence convictions.
“Your best bet in keeping your record clear is to have a criminal lawyer represent you. If you cannot afford a lawyer, the law requires that the court assign one to you,” says criminal defense lawyer Mark Sherman.
However, assigned lawyers may not do well because of their workload. Your best chance is with a private lawyer.
Getting a lawyer doesn’t automatically equate to not getting a conviction. It only means that they help you get the best outcome possible. For example, if a lawyer can help negotiate a deal where you plead guilty to a misdemeanor assault charge instead of a class D felony, your outcomes can change significantly, which can count as a win.
Summing Up
Domestic violence cases can have life-altering consequences, ranging from severe criminal penalties to long-lasting personal and legal repercussions. Whether you’re facing charges or seeking justice as a victim, navigating the complexities of domestic violence law in Connecticut is challenging. Having an experienced attorney by your side can greatly influence the outcome of your case. With expert legal guidance, you can protect your rights and work toward the most favorable resolution possible, ensuring your future remains intact.
