Stamford Spousal Abuse Lawyer
Allegations of family violence are taken very seriously by law enforcement officials, so anyone facing accusations should consult a knowledgeable Stamford spousal abuse lawyer as soon as possible. An experienced domestic violence attorney can help protect your rights and work towards a resolution of any criminal charges.
What Are Defenses to Abuse Against a Spouse?
Criminal cases in Connecticut can sometimes be straightforward, depending on the facts of the case and a defendant’s criminal record. CGS § 46b-38a spousal abuse and domestic violence cases, however, often include many additional factors such as criminal protective orders, civil restraining orders, monitoring by the Office of Family Relations, and investigation by the Department of Children and Families.
Guidance from an experienced Stamford lawyer can help avoid costly mistakes in your spousal abuse case. A dedicated defense attorney could also prevent someone accused of domestic violence from forfeiting their legal rights during the lengthy investigation process, and from making incriminating statements that could jeopardize their criminal record and even career.
What is Considered Spousal Violence in Stamford?
Under Connecticut law, spousal abuse is considered family or domestic violence. Connecticut General Statutes (C.G.S.) §46b-38a defines family violence to include the following types of incidents when they occur between members of the same family or household:
- Situations causing physical harm or injury
- An act of threatened violence that arouses fear of imminent harm
- A pattern of threatening
Family violence is not a specific crime but is a category of crimes in Connecticut, based on the relationship of the parties involved in the altercation.
C.G.S. §46b-38a specifies that when an incident concerns only a verbal altercation, the incident cannot be considered family violence without a “present danger and likelihood” that violence will become physical. An experienced Stamford attorney may be able to prove that a situation lacked the requisite violence or likelihood of violence to constitute spousal abuse, and therefore should not be considered a crime by the court.
Can I Avoid a Protective Order in a Spousal Abuse Case?
No. Courts always issue one type of protective order in spousal violence cases in Connecticut. These orders remain in force for the duration of your criminal case, so it is imperative to have a Stamford spousal abuse attorney argue for fair terms when the order is initially established.
Protective orders may completely prohibit contact between parties, or they may allow limited contact. Many times, orders will require one party to vacate the home. Regardless of whether a protective order is issued by a criminal or civil court, a violation is a Class C or D felony.
Help from a Stamford Spousal Abuse Attorney
A knowledgeable Stamford spousal abuse lawyer can walk you through the criminal court process and assist with the modification of a protective order, if need be. To learn how an experienced attorney could assist in your case, call Mark Sherman Law today.