For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Connecticut law defines “family violence” as an event between family or household members that either causes physical injury, or creates fear of the latter. “Family or household members” includes relatives, current/former spouses, cohabitants, co-parents , and individuals who are (or were) in a dating relationship. Verbal abuse and arguments do not constitute family violence unless there is present danger of physical violence. Discipline of minors also does not constitute family violence, unless it rises to the level of abuse. Depending on the facts of the case, family violence crimes may be misdemeanors or felonies. Any crime that involves family violence may constitute a family violence crime. Examples include assault, kidnapping, breach of peace, disorderly conduct, and sexual assault.

Information for Victims

Victims of domestic violence have certain legal rights under Connecticut and federal laws. These include the right to: a) notice of court proceedings; b) attendance at court proceedings (except trial if testifying); c) compensation or restitution from the defendant; and d) information about the arrest, conviction, sentence, imprisonment, and release of the defendant.

Office of Victim Services

The Office of Victim Services (OVS) provides victims with a variety of resources. These resources include compensation, court-based services, a toll-free helpline, and Sexual Assault Forensic Examiners (SAFE). Moreover, OVS contracts with non-profit agencies to provide services, including information and referral, therapy, criminal justice support/advocacy, group treatment/support, safety planning, and personal advocacy. OVS also manages the Criminal Injuries Compensation Fund (the “Fund”), which assists crime victims with obtaining compensation for financial and emotional harm. The Fund supports the OVS Compensation Program, which provides reimbursement and financial assistance for expenses related to the crime. Reimbursable expenses include medical, dental, lost wages, and counseling. However, the Compensation Program does not provide financial assistance for non-economic loss, such as property loss and damage, and pain and suffering.

Restitution

Restitution is an order for an offender to compensate a victim for the costs associated with the crime. If you are a victim and want to request restitution, you must contact the State Attorney’s Office or the OVS victim services advocate in court.

Family Violence Victim Advocates

Family Violence Victim Advocates provide information and assistance to family violence victims during the court process and are available in each geographical area court location. A Family Violence Victim Advocate cannot disclose a victim’s statements without consent, unless legally required to do so. Victims may also seek assistance from the 24/7 Domestic Hotline by dialing 1-888-774-2900, or the OVS helpline Monday through Friday, 8:00am to 4:30pm, at 800-822-8428.

Victims of Family Violence crimes may contact a Family Relations Counselor to obtain information, assistance, and a referral to a Family Violence Victim Advocate. If a family violence arrest is pending, the Family Relations Counselor may share information with the court. After an arrest and a referral of the case to Family Services, a Family Relations Counselor will schedule an appointment to meet with you.

Information for Defendants

After your arrest, a Family Relations Counselor will interview you before court. Then, the counselor will make recommendations to the court regarding a protective order, a Family Services referral, and your eligibility for referrals to additional services. If the court issues a protective order, you must: 1) keep from restraining, threatening, harassing, assaulting, molesting, or sexually assaulting the victim; 2) to stay away from the victim’s home; and/or 3) to keep from hurting or threatening to hurt any animal owned by the victim. The order will remain in effect until your criminal case is resolved or the order is modified by the court.

The court may also issue a standing criminal protective order if you are convicted of any of the above-listed crimes, a family violence crime, or any other crime against a family or household member. A standing criminal protective order is discretionary, and remains in effect as long as the court decides.

Family Services Programs

If the court refers you for a Family Services assessment, a Family Relations Counselor will interview you at a scheduled date and time. Then, your Family Relations Counselor will send a report to the court, which will indicate if any services are appropriate for the court to consider. If the court places you on pretrial supervision, you must: a) follow all court orders; b) take part in any court-ordered treatment programs; c) live a violence-free lifestyle; and d) cooperate with your Family Relations Counselor.

Family Violence Educational Program

The Family Violence Educational Program (FVEP) is a pretrial program that provides eligible defendants with an alternative to a trial or guilty plea. The defendant must apply for the program and submit his or her application to the court. Then, if the court grants the application, the defendant must participate in 9 psycho-educational classes (each 90 minutes long). Upon successful completion of the program, and fulfillment of all other conditions, the court will dismiss the defendant’s charges.

Explore Program

The Explore Program is a program for men convicted of family violence crimes against female intimate partners. The court may either make a referral or make participation in the program a condition of your probation. The Explore Program consists of 26 weekly classes, each 90 minutes in length. The classes are offered statewide by agencies contract with the Connecticut Judicial Branch.

Evolve Program

The Evolve Program is a program for men convicted of family violence crimes against female intimate partners. The court may refer you to Evolve or order you to participate as a condition of your probation. The program consists of twice weekly classes for 26 weeks. Available locations include Bridgeport, New Haven, New London, Norwich, and Waterbury.

If you have been charged with, or are the victim of, domestic violence, contact the experienced criminal law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.