Domestic violence defense

In Connecticut, domestic violence is not one crime. It is a label the State puts on a charge, such as assault, threatening, breach of the peace, disorderly conduct, strangulation or criminal mischief, when the people involved are family or household members. The label changes how the case runs: under Connecticut General Statutes section 46b-38b, an officer who determines that a family-violence crime was committed must make an arrest, whatever the other person wants; the arraignment comes quickly; and the court will most likely issue a protective order before either side has told the court its story.

The State brings the case, not the person who called the police. A complainant who later asks for the charges to be dropped does not end it; the prosecutor weighs that wish with everything else. What happens at the first hearing and in the first few weeks sets the course of the case. Attorney Saraceni reads these files the way the people who wrote them do: what the officer saw, what was said at the scene, and what the statements, photographs and recordings actually show.

What the office handles

• The arraignmentUsually the next court day, in Stamford for a Norwalk arrest. The bond and the protective order are set there, which is why the call should come before it.
• The protective orderA criminal protective order can bar you from your home and from any contact with the other person, directly or through anyone else, while the case is pending, whatever that person wants. A text message or a call can be a violation.
• Violating the orderViolating a criminal protective order is a felony of its own, separate from the original charge: a class D felony, or a class C felony when it involves restraint, threats or an assault (section 53a-223). It is one of the most common ways a manageable case becomes a worse one.
• The pistol permit and firearmsA family-violence arrest or a protective order generally means the permit will likely be revoked shortly after the arrest. Under section 29-36k, a person subject to a protective order of this kind has to transfer or surrender firearms immediately and no later than 24 hours after notice. The office handles the permit appeal alongside the criminal case.
• The Family Violence Education ProgramConnecticut has a statutory education program, section 46b-38c, that some first-time defendants can ask the court to use. It is for people with no earlier family-violence conviction and no earlier use of the program, and it is not available for the most serious charges. Completed satisfactorily, within up to two years, the charge can be dismissed. Whether it applies depends on the charge and your record, so it is worth asking about at the first call.
• When there is a divorce or custody case tooA criminal case and a family case running together affect each other. The office handles both, so the two are coordinated.

How a case starts

1. Call(203) 853-2700. Say first whether you are being held, when the court date is and whether a protective order has been issued.
2. Free consultationThe first 30 minutes are free, in the office on Mott Avenue or by phone, by appointment. Bring the summons, the bond paperwork, any protective order and the police report if you have it.
3. The fileThe police report, the 911 recording, body-camera video, photographs, medical records, text messages and witness statements. Attorney Saraceni reviews the State's case before advising on a plea or a trial.
4. CourtHe appears with you in Stamford, Bridgeport, Danbury, Torrington or New Haven Superior Court, and negotiates or tries the case as the facts warrant.

Questions people ask first

Prior results do not guarantee a similar outcome. Every case turns on its own facts. Nothing on this site is legal advice, and contacting the office does not create an attorney-client relationship.