New Canaan Domestic Violence Lawyer
Because domestic violence cases can involve so many complicating factors, it can be beneficial to consult a New Canaan domestic violence lawyer as soon as accusations arise. A top defense attorney could help you fight allegations and avoid adverse consequences that could haunt you far into the future.
What Should I Know About Domestic Violence Charges?
Domestic violence, technically referred to in New Canaan as “family violence,” does not refer to a specific act. Many different actions can be considered to constitute family violence under Connecticut General Statutes (C.G.S.) §46b-38a(1). This statute defines domestic or family violence as incidents that result in physical harm or threats of physical injury between family or household members.
What Are Examples of Domestic Violence?
Examples in C.G.S. §46b-38a(1) include stalking or a pattern of threatening behavior. Purely verbal abuse will not be considered domestic violence unless there is both a present danger and a likelihood of physical violence. A domestic violence attorney in New Canaan may be able to demonstrate that actions in a particular case involved no actual threat of physical injury and therefore do not deserve to be treated as domestic violence.
Do Alleged Victims Need to Have a Domestic Relationship?
For an act of violence or threatened violence to be treated as domestic violence, it must involve people in a qualifying domestic relationship under C.G.S. §46b-38a(2). Individuals considered to be in a family or household relationship include people who:
- Are in, or were recently in, a dating relationship
- Were or are married
- Parented a child together even if they never lived together
- Are related by blood or marriage
- Live together or used to live together
Certain crimes that take place among people in a family or household relationship are treated as family violence crimes.
Will the Court Issue a Protective Order?
When you have been charged with a domestic violence crime, courts typically issue a criminal protective order against you. Outside a criminal case, a victim may also ask the family court to issue a civil restraining order against someone in a domestic relationship.
The terms of these orders may vary tremendously, so it can be helpful to have a New Canaan domestic violence attorney advocate for less burdensome conditions. Some protective orders restrict all contact between the parties. Others might restrict some contact, and still others might only prohibit an individual from taking specific actions.
Regardless of whether the order is issued by the criminal or civil court, any violation of a protective order constitutes a separate felony offense. It is therefore essential to ensure that anyone subject to a protective order knows how to avoid unintentional violations.
Work with a Dedicated New Canaan Domestic Violence Attorney
An experienced New Canaan domestic violence lawyer could help defend your rights and fight the charges to achieve a positive outcome in your case. To learn more about how a domestic violence attorney could enable you to avoid missteps and fight for a favorable result, call Mark Sherman Law today for a consultation.