Primary Aggressor Laws Ct

There are also several exceptions in the state`s mandatory arrest laws. Police are not required to arrest anyone in the following cases: On Jan. 1, Connecticut joined 27 other states when Public Law No. 18-5 — also known as the «dominant aggressors law» — went into effect. The law amended state law to give officers more on-the-ground discretion when arresting domestic violence cases. Prior to the new law, victims of domestic violence were at high risk of being involved in «double arrests» – a situation in which a reactive agent arrests both the victim of domestic violence and the perpetrator. Connecticut had a mandatory arrest law, which meant officers had to make one or more arrests in response to a domestic violence call. This has often led to double arrests. The bill represents a notable change to Connecticut`s domestic violence law. Now, officers who respond to a domestic violence call must make a decision immediately and arrest the «dominant abuser» — language not previously used in state law.

There are many reasons why the wrong person can be arrested and charged in a domestic violence case. The consequences of domestic violence can begin as soon as charges are laid. They can make life difficult for families and individuals, even if no one wanted arrest. At the Fairfield, Connecticut-based law firm Lebedevitch, defense attorney Stephen Lebedevitch knows how domestic violence laws work in Connecticut. He will assist you from indictment to conviction or acquittal and will work to protect your rights, reputation and freedom. Contact us for a free consultation to speak with Stephen today. MOST LIKELY BOTH. This is a more difficult scenario. Diane is the more dominant aggressor of the two. However, Jake also injured her. Although under the new law, the police officer can only arrest the dominant aggressor, this is likely a case where both sides are arrested and charged. If a police officer receives complaints from two opposing people and is likely to have reason to believe both, it is up to the police officer to decide who the «dominant aggressor» is and to arrest that person.

Until 2019, whenever you called the police for domestic violence at home, it was possible that you would also go to jail. That`s because Connecticut was one of many states with mandatory double arrest laws. Here`s what it looked like: not under the new version of the law. Jake is the «dominant aggressor» of the fight. A «dominant perpetrator» is the person who poses the greatest ongoing threat of alleged domestic violence crimes. In this case, Jake Diane`s behavior worsened by hitting her in response to his push. Diane`s stampede against Jake, although the first act of aggression, is not a serious threat. Jake will be the only one to be arrested. When budget battles flare up, there`s a chance a disagreement will cross the line of domestic violence.

If the police are called in response to a domestic disorder, someone goes to jail. Connecticut`s mandatory arrest laws mean it`s up to police to determine who was the dominant aggressor based on readily available evidence, but sometimes that can result in the arrest of the wrong person. When deciding who to arrest as the dominant aggressor, police must consider several factors: Under the new law, if the police believe there is a probable reason to arrest other parties, they must submit a report to the prosecutor`s office, and the police cannot take steps to arrest the other parties. Only the prosecutor can order the prosecution of parties other than the person who originally named the police as the dominant aggressor. Although there is no perfect solution, the old law had to be amended. Hence the new dominant aggressor law, also known as Public Law 18-5, which requires police to conduct an on-site investigation and determine who they believe to be the dominant aggressor. Only this person is now immediately arrested. This obviously leaves the door open to the possibility of poor policing if our clients are wrongly labeled as the dominant aggressor and the other party escapes unscathed. If this is the case for you, please call us so that we can take steps to obtain and review police reports and protect your rights. While the new law solves one problem – the arrest of many victims who call 911 for help – it creates another problem, as police are now forced to quickly assess who the dominant aggressor is, and it appears that they can automatically assume that the man is the party responsible.

I think the level of investigation and the quality of the investigation, before deciding who is the dominant aggressor, will vary greatly from one police station to another and from one police officer to another. By creating a law against dominant abusers, Connecticut lawmakers hoped to protect victims of domestic violence and prevent them from being arrested by the officers they turned to for protection. However, deciding who to arrest in the hands of police officers means that officers are sometimes wrong. Sometimes victims of systemic domestic violence may appear as the dominant aggressor in the moment. In other cases, an abuser may be better able to work things out with the police. In still other cases, assumptions about gender roles or stereotypes can influence officers` decision-making. The police officer must arrest the person he considers the dominant aggressor, according to the new law. Connecticut`s domestic violence laws were revised effective January 1, 2019. The changes concern situations where two people each complain of domestic violence on the part of the other. Under the old law, the police were ordered to make a «double arrest» and to take both sides into custody. Now, the police have located the «dominant aggressor» for the situation, and they have the discretion to arrest only that person. Learn more about the new law and how it affects cases of domestic violence.

The amendments led to the law on the dominant aggressor. This law changes the way authorities approach a scene of domestic violence. Instead of stopping based on complaints and the likely grounds for those complaints, officers are now looking for the person who poses the greatest threat in the situation. It is the person who is the dominant aggressor. This is the person who goes to jail. This information is provided for educational purposes and does not constitute legal advice. For Devin and Daryll, the Dominant Abuser Act means that the officer responding to the domestic violence call must listen to both stories. Because Daryl hit Devin, Devin probably suffered more serious injuries. However, if Devin continued to make threats after the officer arrived, or if the family had a history of incidents, the officer could still determine that Devin was the dominant aggressor and only arrest them. (b) If two or more opposing persons file complaints of domestic violence, a peace officer is not required to arrest both persons. The peace commissioner assesses each complaint separately to determine which person is the dominant aggressor. In determining which person is the dominant aggressor, the peace commissioner takes into account the need to protect victims of domestic violence, whether a person acted in self-defence or a third party, the relative degree of harm, any threat that gives rise to fear of bodily harm and any history of domestic violence between them, if such a history is reasonably provided by the peace commissioner.

can be obtained. The peace officer arrests the person he or she believes to be the dominant aggressor. The dominant aggressors law does not mean that double arrests cannot take place, although they are now much rarer. The mandatory arrest requirements apply only to the person whom the police officer identifies as the dominant aggressor. However, the staff member may choose to arrest both parties if circumstances warrant. The new law also prescribes an analysis that identifies five factors that authorities must consider in distinguishing between the «dominant aggressor»: the needs of the victim, the relative degree of injury, any history of domestic violence, anyone acting in self-defense, and threat of injury. Domestic violence calls are one of the most difficult that law enforcement officers face. The strong emotions and physical risks of such a call can often lead to a chaotic scene. Public servants have to make quick decisions and sometimes the law makes that difficult. Fortunately for Connecticut officials, changes to domestic violence laws have helped victims and ensure the decisions they make at the scene are the right ones. When the dominant aggressor law went into effect in 2019, Connecticut became one of 27 states with mandatory domestic violence arrest laws. The current law states: A dominant aggressor is defined in Public Law No.

18-5 as the person who «poses the most serious persistent threat in a situation where a crime of domestic violence is suspected.» This concept is new in state law, among the many legal changes introduced in the new measure. Connecticut had an average double arrest rate of 20% on domestic violence calls before the new law was implemented.