Wilton Domestic Violence Lawyer
When dealing with family, tempers can flare at a moment’s notice or a statement or action can be misinterpreted and lead to an arrest.
Sometimes what starts as a simple argument can quickly escalate into a significant episode with shouting, emotional threats and even physical violence. And just as relationships themselves are complicated, legal issues involving relationships are complex as well.
Domestic violence arrests in Wilton involve investigative and social worker teams. Overall it is a unique area of law with many moving parts. This becomes evident once you are arrested for domestic violence in Wilton or anywhere else in the state.
If you have been arrested for a domestic violence crime such as Disorderly Conduct or Assault, then you should consult with a top Wilton domestic violence lawyer as soon as possible to take the steps necessary for the best possibility of success. An experienced attorney can assist in building you a defense and ensuring your rights are protected throughout the legal process.
Domestic Violence Laws
The State of Connecticut has statutes which target issues of violence within a particular family or household. These are referred to in the Code as family violence laws rather than the traditional term, domestic violence.
What Does Family Violence Mean?
Statute Section 46b-38a identifies family violence as an occurrence between household or family members that causes physical harm, bodily injury or assault, or a violent threat that makes someone believe he or she is in danger of harm, injury or assault. The statute specifically lists stalking or a pattern of threatening as examples of family violence.
However, the statute also states that arguments or abuse that are purely verbal will not be treated as family violence unless there is immediate danger and the likelihood that physical violence will occur.
State law lists a number of different relationships that make individuals family or household members. These relationships include:
- Wives and husbands
- Parents and children
- Others who are related, either by blood or marriage
- Former spouses
- Individuals currently or formerly in a dating relationship
- Couples who share a child whether or not they have ever married or co-habitated
- Others who have lived together either in the present or past
When particular behaviors occur within these relationships, it is considered family violence, and special circumstances apply that warrant the attention of a Wilton domestic violence attorney.
While the law is quite broad about the types of criminal behaviors that may be considered family violence crimes, some of the more common offenses that result in contat with a domestic violence attorney in Wilton include:
- Disorderly Conduct
- Violation of Criminal Protective Order
- Court order violations
Are the Penalties for Domestic Violence Severe?
Each of these can differ substantially in severity, with more severe crimes subjected to more stringent punishment. For example, assault in the third degree is a misdemeanor, while assault in the first degree is a Class B felony.
How An Attorney Can Help
In the case of a sensitive offense such as one involving family violence, it is crucial to know how to proceed. Protective or restraining orders may become part of the case, which require extra care to ensure compliance and avoid additional difficulties.
A Wilton domestic violence lawyer will be able to analyze the circumstances of the case and provide guidance as to the best course of action to work toward a successful outcome.