dOMESTIC vIOLENCE AND PROTECTIVE ORDERS (CIVIL AND CRIMINAL)

If you or your children are the victims of domestic violence, please contact your local police department by dialing 911 in case of emergency or refer to this list of non-emergency numbers.  Once the dust settles and you can muster the courage, it is important that you know your civil and criminal options.  If there is an arrest, often times the arrested person must agree to a criminal protective order as a part of his or her conditional release.   You also have civil options which can offer protection past the disposition of the offenders criminal case.  

 If you are protected by a criminal protective order, you will be notified about the status of that criminal protective order, you will not have control over whether it is modified or vacated.  Moreover, there are different levels of protection offered by both criminal and civil protective orders ranging from a "full stay-away" order all the way to an order that simply prohibits harassment and violence which are already prohibited by law absent a protective order.   The interplay between criminal and civil law in this area is complex.  

"The legislature did not provide a definition of "stalking" as that word is used in § 46b-15 (a). Although it could have done so, it did not incorporate by reference the definitions of "stalking" that are contained in the Penal Code, specifically, § 53a-181d and General Statutes § 53a-181e.  Accordingly, we look to the commonly approved usage of the word stalking.  "Stalking" is defined as the act or an instance of following another by stealth... The offense of following or loitering near another, often surreptitiously, to annoy or harass that person or to commit a further crime such as assault or battery."  To "loiter" means to remain in an area for no obvious reason.  We interpret the statute in accordance with these commonly accepted definitions, satisfied that the plain meaning of the statute does not yield an unworkable or absurd result. We reject the defendant's reliance on the narrower definitions of stalking codified in our Penal Code. In so doing, we are mindful that our legislature reasonably may have chosen to rely on a narrower definition of stalking in delineating criminal liability, while deciding that a broader definition of stalking was appropriate in the dissimilar context of affording immediate relief to victims under § 46b-15."  Princess Q. H. v. Robert H., 150 Conn. App. 105 (2014)(Internal quotations and citations omitted).  

If you find yourself in the unfortunate situation wherein circumstances dictate the the necessity of a civil protective order, please do not hesitate to take action.  Things may get better on their own; however, they may also get worse.  

Harassment, as far as the Court is concerned, is viewed through the eyes of the accuser without regard for the intent of the accused.  

It is not uncommon for someone to attempt to "game" the system by fabricating facts or twisting the truth in an effort to obtain criminal and/or civil protective orders.  If you find yourself in the unfortunate situation of defending yourself on multiple fronts, it is important that you have effective and knowledgeable criminal and civil counsel.  We regularly work with outside criminal counsel to ensure that you and your rights are protected.