In Connecticut, family law courts take cases involving domestic abuse very seriously, and what may start as a divorce case can turn out to be more complex than both parties anticipated. Not only does a case of domestic violence stand as a valid ground for divorce, but it can also result in a criminal trial and impact all the different aspects of the divorce process, like child custody and property division.
“You need to maintain some level of coordination when handling both criminal and family cases because the outcome of one can affect the other,” says Mark Sherman of The Law Offices of Mark Sherman. For example, if the case in the criminal court succeeds, it further gives credence to your divorce claims and can hasten them.
In this article, we examine the ways Connecticut laws affect the outcomes of cases involving domestic violence and divorce.
Understanding Domestic Violence Under Connecticut Law
Under Connecticut General Statutes, domestic violence, often referred to as family violence, is defined as an incident resulting in physical harm, bodily injury, or assault between family or household members. It also includes acts that place a family member in fear of imminent physical harm. Importantly, Connecticut law does not require visible injury for an act to qualify as domestic violence. Threats, stalking, harassment, and coercive control can also fall under this category.
Family or household members include spouses, former spouses, individuals related by blood or marriage, people who share a child, and those currently or previously in a dating relationship. This broad definition means that domestic violence laws may apply even outside traditional marriage settings.
When an arrest is made for a domestic violence offense, the accused is typically brought before a judge the next business day. At that hearing, the court may issue a protective order that limits contact between the alleged perpetrator and the victim. This order often has immediate implications for ongoing or impending divorce proceedings.
The Impact of Domestic Violence Charges on Divorce Proceedings
Connecticut follows a no-fault divorce system, which allows couples to dissolve their marriage without proving wrongdoing. However, when domestic violence allegations are present, the nature of the divorce can change dramatically.
Although the court does not require proof of fault to grant a divorce, evidence of abuse can influence key decisions, especially regarding alimony, property division, and custody. Judges have broad discretion to consider “the causes for the dissolution of the marriage” under Connecticut General Statutes, and domestic violence can be viewed as a significant factor in determining fairness.
For example, a spouse who has suffered abuse may be awarded a larger share of marital assets or greater alimony based on the court’s assessment of economic disparity and emotional harm. A spouse found guilty of abuse, on the other hand, may suffer financial sanctions as well as restrictions on custody and visitation.
How to Handle the Intersection of Criminal and Family Proceedings
If you are dealing with domestic violence while divorce proceedings are ongoing in a family law court, you might be confused about how to navigate things. You do not have to be confused because Connecticut law allows you to proceed with a criminal case while your divorce case is also ongoing.
It is worth mentioning that this period can be a very challenging one emotionally for victims. As such, it is recommended that you speak with an attorney in Connecticut who understands criminal law and family law.
Conclusion
There is no denying the massive impact that domestic violence can have on divorce proceedings in Connecticut. On one hand, victims can use the laws to enforce their protection, initially starting with protective orders that bar the accused person’s access to them. On the other hand, it ensures accountability by allowing the victim to seek remedies under both criminal and family law.
Are you seeking protection from a partner because of domestic violence pending divorce, or are you seeking defense as the accused? It is essential that you immediately contact a family lawyer in Connecticut today!