A domestic violence arrest can be a common and unfortunate outcome when a situation gets heated at home. The law prioritizes people’s safety, meaning that even minor altercations can lead to an arrest. Domestic violence arrests in New Haven can be shocking experiences, especially if you have never been arrested.
Even if you have experience with the criminal justice system, you need representation from a defense attorney to secure a positive outcome in your case. Contact Ruane Attorneys immediately if you are arrested for domestic violence. We can represent you throughout the process and help minimize the consequences of the incident.
Duty to Arrest the “Primary Aggressor”
In recent years, many states have focused on family violence prevention by devoting significant resources to handling incidents of alleged domestic violence. In Connecticut, Connecticut General Statute §46b-38b guides police officers’ responses to domestic violence calls. If a responding officer determines probable cause to believe a crime has occurred, the officer must arrest the primary aggressor.
The officer determines which party is the primary aggressor by speaking with the parties and other witnesses, observing any physical effects of an altercation, and evaluating which party is more likely capable of causing physical harm to the other. Anyone arrested as the primary aggressor in a domestic violence incident should contact a New Haven lawyer as soon as possible. The arraignment will happen the next business day after the arrest; immediate representation could be crucial to protecting the accused’s rights.
Family Services Officer Interview in New Haven
One unusual aspect of an arraignment after a domestic violence arrest is the interview with the Family Services Officer. Their job is to evaluate the risk a defendant poses and make recommendations to the judge. They also assess whether specific services might prevent a recurrence of domestic violence.
The officer will ask the accused to describe the incident that led to the arrest. They might seek information about alcohol or drug use, financial pressures, and the quality of the relationship with the alleged victim and children in the home. The interview with the Family Services Officer is not confidential; they could report any statements to the judge handling the case.
Our local attorney could discuss the domestic violence allegation with the arrested person and help prepare them for the interview. Although the arrested person should appear cooperative, it is sometimes best to refuse to answer some of the officer’s questions. It is crucial to avoid volunteering any information that might be misconstrued.
Understanding the Conditions of Release after a DV Arrest
Unless the alleged victim suffered significant physical injuries, someone arrested for a domestic violence crime is usually released after the arraignment. The judge typically attaches multiple conditions to the release, and the accused must adhere to the conditions or risk additional criminal charges.
The judge will issue a protective order barring the accused from approaching the alleged victim or having any contact with them. If the accused shares a home with the alleged victim, the accused may enter the home with a police officer to retrieve belongings. The protective order might impose other restrictions depending on the circumstances and the recommendations of the Family Services Officer. The accused must surrender their firearms until the case concludes.
A judge could impose other conditions, such as ordering the accused to seek counseling or substance abuse treatment. A New Haven attorney at our firm can explain the conditions of release after a domestic violence arrest and advocate for fewer restrictions on the person’s freedom.
Contact a New Haven Attorney After a Domestic Violence Arrest
The aftermath of domestic violence arrests in New Haven can be confusing and stressful. The legal process proceeds quickly, so getting in touch with a lawyer as soon as possible is critical.
Having legal representation at your arraignment can make a big difference in your conditions of release. Call Ruane Attorneys today to discuss your case and learn your options for your defense.